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THE UNIVERSITY 
OF ILLINOIS 


LIBRARY 
35h, O169| 
L330r 


1404 


~ 


COMPLIMENTS OF 















Pye dee ESS ININY Ale 


COMPILATION OF GENERAL ORDINANCES 


OF THE 


CITY OF LOUISVILLE 


INCLUDING THE ACT ENTITLED ‘*AN ACT FOR THE GOVERNMENT OF 
CITIES OF THE FIRST CLASS,’’ APPROVED JULY, 1, 1893, AND 
AMENDMENTS THERETO. WITH NOTES OF THE 

DECISIONS OF THE COURT OF APPEALS. 


Published by Authority of a Resolution of the General Council of the City of 
Louisville, Approved January 6, 1910. 


WILLIAM O. HEAD, Mayor. 
CLAYTON B. BLAKEY, City ATTroRNEY. 
HUSTON OUIN, 1st Ass’t City ATTORNEY. 

JOSEPH S. LAWTON, 2np Ass’? CiTy ATTORNEY. 


EIO9 


LOUISVILLE ANZEIGER COMPANY 
INCORPORATED tee LOUISVILLE, KY. 








_ Digitized by the Intern 
in 2021 with fundi 


He 


SONA Nas: 


Page 
mnt oF the: General Couneil 0.350 Sw ei. 6 
muemore of the City of Louisville *. 002. fini. ee eS eee es it 
meeetrenieso: tie board of Aldermen... ....4.%..88 Sse. 8 
Beerrents O15 the Board: of Councilmen. .4:......206. coe ee 9 
pera nt vile. -Generat -COUNCH (3. 2 .ea. Bee is ie ee 11 
Elections by the General Council, and appointments to be 
suprovea by the Board of “Aldermen oo... 52 sn5%.. ify 
EME AE a TOPS OGL iter he te id hai Share yim ia eo ee eae es Seed a Is) 
MPCPMC LE LIV ALE Ce oe BE ah he ages nr o/.ad, 4, 9 Sk = won a hd be ain Ze Wace erg 16, 892 
List of positions under the various city departments, author- 
PPyeUerelOr With COMUMPCNSABION tcc. oy Ce cee Reyes ve a 606 
Sections of State Constitution applicable to cities of the 
EERE» Se Bie Sy oh MESES sah tee AWA bm Set RA TALL ae Ml A a a RNS PC RM @ WE: 
Act for the Government of Cities of the First Class ........ 645 
memento, Of the, General Council. 223 6 tn ieee wis ves 824 
feeeeo.. the Board of Aldermen: ).. e120. ode in eae eee es 826 
reer Hoard Of -COUnNCIIMEN fo) Scone bist lee ede ees 832 
ermeeraies Of the General, Countil al. vise eee: 839 
Acts of the Legislature applicable to cities of the first class.. 841 
em reteeneoral “Ordinances 225 oh ce fi be hele ene ee tha 909 
Index to Act for the Government of Cities of the First 
Ee Ek Fn LS aS et, EMOTION Gehl te ta ba Cid dan waste Peco od te 943 
peoercLo Nilies of the Board of Aldermén®..°... 680.5 se 976 


iment) iules oOo: the Board of Councilmen’ = 0.6.6 2h). 979 


RESOLUTION OF THE GENERAL COUNCIL. 





4. Such provisions of the State Constitution as apply to 
eities of the first class. 

5. The Act-for the Government of Cities of the First Class, 
giving the same numbers of sections as in the Kentucky 
Statutes, with notes of decisions of the Appellate Court. 

6. A list of positions under the various City Departments, 
authority therefor, with compensations. 

7. A full and complete index of all the ordinances and mat- 
ters directed to be published in said compilation. 

8. The names of all the members of the present General 
Council. 

9. Resolutions of respect adopted by the General Council 
upon the death of the late Chief of the Fire Department, Ben 
Dillon. 

Approved January 6, 1910. 


4 


I 


BSL 0765 | 
eS el one 


M NO pe ‘SHE CITY OF LOUISVILLE. 


| y we 
XP’ CUM 


MAYORS OF THE CITY OF LOUISVILLE. 





The first election under the Act of Incorporation took place 


the first Monday in March, 1828. 


John’ C. Buckhin, -1828-29-30-31-82-33, 
John Jovyes, 1834-35. 

W. A. Cocke, 1836. 

Fred Kaye, 1837-38-39-40-44-45-46. 

D. L. Beatty, 1841-42-43. 

_ Wm. R. Vance, 1847-48-49. 

John M. Delph, 1850-51-52-61-62. 
James S. Speed, 1853-54. 

John Barbee, 1855-56. 


O! 


3) 


W. S. Pilcher, 1857. Died August, 1858, when Thos. W. 
Riley was elected August 19, 1858, to fill the unexpired term. 


T. H. Crawford, 1859-60. 
William Kaye, 1863-64. 


bed 


Jos. H. Bunce, 1869. 

John G. Baxter, 1870-71-72. 

Chas. D. Jacob, 1873-74-75-76-77-78. 

John G. Baxter, 1879-80-81. 

Chas. D. Jacob, 1882-83-84. 

P. Booker Reed, 1885-86-87. 

Chas. D. Jacob, 1888-89-90. 

Wm. L. Lyons, elected p70 tem., May 12, 1890. 
Henry 8. Tyler, 1891-92-93. 


1896. 


until November 19, 1901. 


\g h a L. N.Y Puts lily om V X Conc 


served until November 14, 1905. 


332530 


Phil. Tomppert, 1865; served until December 28, 1865. , 

Jas. S. Lithgow was elected to fill the unexpired term. He 
filled the office until February 14, 1867, when he resigned, and 
Phil. Tomppert took his seat, and filled the remainder of the 
term, when he was re-elected, and served for 1867-68. 


Henry 8S. Tyler, November, 1893, to his death, January 14, 
R. E. King, pro tem ., January 14, 1896, to January 31, 1896. 
Geo. D. Todd, January 31, 1896, to November 16, 1897. 

Charles P. Weaver, qualified November 16, 1897, and served 


Charles F. Grainger, qualified November 19, 1901, and 


8 PRESIDENTS OF THE BOARD OF ALDERMEN. 





—_—-- - ——— ——_—_—— 


Paul C. Barth, qualified November 14, 1905, and served to 
July —,; 1907. 

R. W. Bingham, qualified July, 1907, and served to No- 
vember 12, 1907. 

James F. Grinstead, qualified November 12, 1907, and served 
to November 16, 1909. 

William O. Head, qualified November 16, 1909. 


PRESIDENTS OF THE BOARD OF ALDERMEN. 


Wiliam Riddle, 1851; resigned December 2, 1852. 

James Speed, December 2, 1852-53; resigned November 14, 
1854. 

William Watkins, November 14, 1854; resigned April 2, 
1855. 7 

E. D. Weatherford, April 2, 1855; resigned December 6, 
1855; re-elected, 1857; re-elected, 1859. 

Fred Kaye, December 6, 1855; until April 11, 1856. 

T. H. Crawford, April 8, 1858; resigned September 23, 1858. 

A. Duvall, September 23, 1858, until April, 1859. 

James Trabue, 1860. 

Thomas Shanks, 1861. 

Wm. F. Barret, 1862, and served until March 5, 1863. 

A. Peter, March 5, 1863; resigned July 9, 1863. 

Wm. Terry, elected July 9, 1863; served until April, 1864. 

J. R. Brown, 1864-65; re-elected 1867, and resigned August 
roa Role 

John G. Baxter, 1866; resigned January 10, 1867. 

G. W. Herbert, January 10, 1867, until April, 1867. 

Wm. F. Rubel, August 8, 1867, until April, 1868; re-elected 
1869-70-71. 

J. H. Bunee, 1868. 

Thomas L. Barrett, 1872-73. 

D. Spaulding, Jr., 1874-75. 

Wm. F. Rubel, 1876-77-78; resigned August 19, 1878. 

J. C. Gilbert, August 19, 1878-79-80-81. 

Dr. George W. Griffiths, 1882-83-84. 

J. C. Gilbert, 1885-86-87. 

Dr. George W. Griffiths, 1888- 89. 

A. A. Stoll; 1890. 

Harry Stucky, 1891-92. 

Chas. A. Wilson, 1893. 


PRESIDENTS OF THE BOARD OF COUNCILMEN. 9 





Charles F. Grainger, November, 1893, to November 1895. 
R. E. King, November, 1895, to November, 1897. 

Paul C. Barth, November, 1897, to November, 1898. 

A. J. Ross, November, 1898, to November, 1899. 

Charles T. Ballard, November, 1899, to November, 1900. 
P. Booker Reed, November, 1900, to November, 1901. 
Harry Weissinger, November, 1901, to November, 1902. 
Paul C. Barth, November, 1902, to November, 1903. 
Paul C. Barth, November, 1903, to November, 1905. 
Owen Tyler, November, 1905, to November, 1907. 

John D. Otter, July, 1907, to November, 1907. 

Wm. Heyburn, November, 1907, to June. 1909. 

Frank Reichert, June, 1909, to November, 1909. 

Dr. John H. Buschemeyer, November, 1909. 


PRESIDENTS OF THE BOARD OF COUNCILMEN. 


Bland Ballard, 1851-52. 
B. W. Pollard, 1853. 
Charles Ripley, 1854. 
Thomas W. Riley, 1855. 
D. T. Monsarrat, 1856. 
Andrew Monroe, 1857. 
Thomas Shanks, 1858. 
JeeAs Gillis: 1859. 

John Barbee, 1860. 

W. P. Campbell, 1861. 
G. W. Ronald, 1862. 
John G. Baxter, 1863. 
Wm. F. Barret, 1864. 

T. C. Tucker, 1865. 

D. Spaulding, Jr., 1866. 
John D. Orrill, 1867. 
Pat Bannon, 1868. 

Wm. F. Duerson, 1869. 
Charles R. Long, 1870-71-72-73. 
Ed. F. Finley, 1874. 
Wm. Kaye, 1875. 

John McAteer, 1876. 
Henry T. Jefferson, 1877-78. 


10 


PRESIDENTS OF BOARD OF COUNCILMEN. 


R. C. Davis, 1879. 

Laf. Joseph, 1880-81-82-83-84. 

Dr. C. B. Blackburn, 1885-86-87. 

Laf. Joseph, 1888; resigned June 14, 1888. 

Henry S. Tyler, elected to fill vacancy June 14, 1888-89. 
Wm. L. Lyons, elected to fill vacancy November 28, 1890-91. 
Wm. F. Mayer, November, 1892, to November, 1893. 
L. T. Davidson, November, 1893, to November, 1894. 

T. P. Satterwhite, Jr., November, 1894, to November, 1895. 
Herman M. Blatz, November, 1895, to November, 1896. 
Frank I. Brocar, November, 1896, to November, 1897. 
Samuel 8. Blitz, November, 1897, to November, 1898. 
Chas. P. Feeney, November, 1898, to November, 1899. 
Theophilus Stern, November, 1899, to November, 1901. 
F. J. Hummel, November, 1901, to November, 1902. 
Samuel S. Blitz, November, 1902, to November, 1903. 
Samuel 8. Blitz, November, 1903, to November, 1904. 
B. Buckel, November, 1904, to November, 1905. 
Samuel 8S. Blitz, November, 1905, to November, 1906. 
Charles D. Greer, November, 1906, to November, 1907. 
Isadore Forst, November, 1907, to November, 1908. 
Ebner Buyer, November, 1908, to November, 1909. 
Samuel W. Greene, November, 1909. 


MEMBERS OF THE GENERAL COUNCIL. 
ELECTED 1909. 


BOARD OF ALDERMEN. 


Pres. John H. Buschemeyer. Fred. J. Leezer. 
Ben J. Brumleve. Samuel Leidigh. 
B. J. Campbell, Jr. J. Wm. Miller. 
John M. Clifford. . R. Guy Parker. 
George B. Coder. C. W. Schmitt. 
Henry A. Kremer. James Treasy. 





BOARD OF COUNCILMEN. 


Pres. Samuel W. Greene. 


W. P. Graves, 

John Neuhauser, 
Charles Mann, 
Charles G. Russman, 
William M. Booher, 
Philip J. Fleig, 
Jerome King, 

Ben Schulman, 
Thomas J. Garvey, 
J. A. Snyder, 
Frank Coblens, 
Mike Leone, 
Thomas Lawrence, 
Sam G. Tate, 
Samuel W. Greene, 
T. L. Morrow, Jr., 
D. B. Coleman, 

M. J. McDermott, 
Randolph D. Thomas, 
Henry Wolff, 

C. J. Finnegan, 

C. F. Melton, 

Ben Sand, 

Ben C. Watson, 


lst Ward. 
- 2nd Ward. 
3rd Ward. 
4th Ward. 
- Sth Ward. 
- 6th Ward. 
7th Ward. 
Sth Ward. 
Oth Ward. 
10th Ward. 


11th Ward. 


Sa a a ae a a ee Se 


- 12th Ward. 


— — 


ELECTIONS BY THE GENERAL COUNCIL. 


And Appointments to be Approved by the Board of Aldermen. 


‘ IN NOVEMBER. 


The Board of Aldermen and Board of Councilmen, at the 
organization of each, and annually thereafter, shall elect from 
its members a president thereof for one year. In his absence 
a president fro tem. shall be chosen from the members. Hach 
board shall elect its clerk, and may elect a sergeant-at-arms. 

There shall be elected a City Assessor by the General Coun- 
cil immediately upon the assembling of the new boards in 
November, 1905, and every four years thereafter. He shall 
have power to appoint, with the approval of the Board of 
Aldermen, such deputies and assistants as may be allowed 
him by ordinance. 

The Tax Receiver shall have power to appoint, with the 
approval of the Board of Aldermen, such deputies as may be 
allowed him by ordinance. 

The Mayor shall have power, with the approval of the 
Board of Aldermen, to appoint a City Buyer. 

At the beginning of each new mayoralty term, the Mayor 
of the city of Louisville, with the approval of the General 
Council of said city, shall appoint a competent gas expert 
(who shall own no stock, or not be interested, directly or in- 
directly, in the Louisville Gas Company) as the City Gas In- 
spector, to serve until the next succeeding mayoralty term. 


IN DECEMBER, 


A live Stock Inspector shall be elected on the first Tues- 
day in December, 1904, and every two years thereafter. 

The Live Stock Inspector shall have power to appoint, with 
the approval of the Board of Aldermen, such deputies and 
assistants, with such salaries, as may be allowed them by 
ordinance. 

There shall be appointed by the Mayor, with the approval 
of the Board of Aldermen, in the month of December, 1905, a 
Comptroller, for a term of four years, and in that month every 
four years thereafter. 


ELECTIONS BY THE GENERAL COUNCIL. 13 





A City Gauger shall be elected by the General Council in 
the month of December, 1904, and every two years thereafter. 


IN MARCH. 


Two Trustees of the University of Louisville, in March, 
1904, and biennially thereafter, shall be elected by the Mayor 
and General Council, for a term of ten years. (Elliott’s Di- 
gest, 306.) tay 

The Mayor appoints each year, subject to the approval of 
the Board of Aldermen, one member of the Board of Water 
Works. 


IN MAY. 


The General Council shall elect in May, 1904, and annually 
thereafter, three members of the Board of Managers of the 
Industrial School of Reform, for a term of three years. (EI- 
hott’s Digest, 439.) 

The Mayor and Couneil of the city of Louisville shall, in 
May of each year, appoint one manager of the Cook Benevolent 
Institution, who shall hold his office for one year. (Elliott’s 
Digest, 257.) 

One English and one German daily newspaper printed in 
the city of Louisville, and having the largest permanent cir- 
culation in said city, shall be elected by the General Council 
in May, 1904, and annually thereafter, to do the publile ad- 
vertising. 


IN JULY. 


The General Council shall, at its first regular meeting after 
the first Monday in July, 1904, and annually thereafter, elect 
four Directors of the Louisville Gas Company, who shall be 
bona fide residents of the city of Louisville, and each the 
holder in his own right of at least ten shares of stock in said 
company. 

In the year 1908, before October Ist, and every five years 
thereafter, a Board of Arbitration to fix the price of gas shall 
be chosen as follows: Three civil engineers shall be selected, 
one by the Mayor, with the approval of the General Council, 
one by the directors of the Louisville Gas Company, and the 
other by the two so chosen. (See charter Louisville Gas Com. 

°ny, approved March 16, 1888.) 


{4 ELECTIONS BY THE GENERAL COUNCIL. 


The Board of Equalization shall consist of three citizens 
of the city of Louisville, who shall be elected annually in the 
month of September by the Board of Aldermen. 


IN OCTOBER. 


The General Council shall, in the month of October, of 
each year, elect a Commissioner of the Sinking Fund, for a 
term of three years, to fill the place of the Commissioner 
whose term of service expires that year. (Burnett’s City Code, 
703.) 


RESOLUTION OF RESPECT. 15 


To-day an entire city mourns the loss of a brave official 
who died as he desired, responding to the call of duty. 


WHEREAS, in the passing of Capt. Ben Dillon, Chief of 
the Fire Depatrment, Louisville has suffered an irreparable 
loss; 


THEREFORE, BE IT RESOLVED BY THE GENERAL 
COUNCIL OF THE CITY OF LOUISVILLE, That the Mayor, 
the members of the General Council and every executive officer 
of the City government tender to the family expressions of 
sympathy. Condolence cannot efface sorrow, but it can con- 
vey to the stricken family evidence of the high esteem in 
which the dead Chief is held by all citizens of high or low 
degree. 


RESOLVED finally, That as a tribute of respect to 
the memory of the brave fireman, the engine houses of the 
Louisville Fire Department be marked in the garb of mourn- 
ing for a period of thirty days. 


RESOLVED FURTHER, That as a tribute of respect to 
Capt. Dillon, who had just entered upon the enjoyment of 
a promotion bravely and deservedly won, an engrossed copy 
of these resolutions, duly attested by the proper officials, be 
placed on record and then transmitted to the members of the 
grief-stricken family. 

JAS. M. TREASY, 
SAMUEL LEIDIGH, 
CHAS. G. RUSSMAN, 
BEN C. WATSON, 

J. A. SNYDER. 

Approved December 30, 1909. 


GENERAL ORDINANCES. 


ADVERTISING. 


Public. 


AN ORDINANCE to regulate the public advertising of the city 
of Louisville. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That all matters to be published or advertised in the 
newspapers, by ordinance, resolution, or by an act for the gov- 
ernment of cities of the first class, shall be published in one 
daily newspaper in the English language and one printed in 
the German language. 

§ 2. The General Council shall, in the month of May in 
each year, elect the two daily papers to do the puble ad- 
vertising, 

§ 3. The proceedings of the General Council shall be pub- 
lished on the second day after the meeting. 

§ 4. The compensation to be allowed for the public adver- 
tising shall not exceed 40 cents per square for each insertion. 

§ 5. No display type shall be used in printing the official 
advertising. Nonpareil type shall be used for all official ad- 
vertising. 

§ 6. All ordinances or resolutions in conflict herewith be 
and are hereby repealed. 

§ 7. This ordinance to take effect from and after its pub- 
lieation. 

Approved August 30, 1901. 


AMBULANCES—ANIMALS. Vi 





AMBULANCES. 
Establishing Right of Way of Ambulances. 


AN ORDINANCE establishing the right of way for ambu- 
lances. 


Be it ordained by the General Councié of the city of Lowsville: 


§ 1. The ambulances of the Department of Public Safety, 
while engaged in going for or in earrying sick or wounded 
persons, shall have the right of way in the streets of the city, 
as against any person, carriage, or incumbrance, put, driven, 
or being in said streets; and no person shall obstruct said am- 
bulances while so engaged, if there shall be an opportunity to 
get out of the way of the same. 

§ 2. For the violation of the provisions of this ordinance 
the person shall be fined $10. 

§ 3. This ordinance shall take effect from and after its 
passage. 

Approved February 20, 1895. 


ANIMALS. 
Cruelty to Animals. 


AN ORDINANCE prohibiting cruelty to animals. 
Be it ordained by the General Council of the city of Lowisville: 


Any person who shall beat or otherwise injure or misuse 
a horse or other animal in an immioderate, cruel, or unneces- 
sary degree, or who shall leave or cause to be left, any 
wounded, maimed, diseased, or worn-out horse or mule, on 
any street, alley, lot, or on the commons, to die a lingering 
death, shall, for each offense, be fined not exceeding $50. 

Approved August 25, 1868. 


18 ANIMALS. 








ANIMALS—DEAD. 


AN ORDINANCE prchibiting the throwing of dead animals in 
the sewers of the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


It shall be unlawful for any person to place or throw any 
dead animal or any substance in or near any catchbasin or 
sewer, whereby the flow of water through any sewer may be- 
come obstructed. Any person violating this ordinance shall 
be fined not less than $10 nor more than $20 for each offense, 

Approved August 18, 1874. 


ANIMALS—REGULATING REMOVAL OF. 
AN ORDINANCE regulating the removal of the bodies of dead 


animals not slain for food or useful arts, through the pub- 
lic streets and alleys of the city of Louisville, and providing 
compensation therefor and penalties for violation of its 
provisions. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. Hereafter it shall be the duty of the public contractor, 
for and during the period of his contract, to remove out of 
the eity of Louisville and beyond the limits of the eity of 
Jiouisville, as now or may be hereafter, established, the re- 
mains and careasses of every dead horse, mule, mare, ox, steer, 
bull, cow, ass, hog, sheep, goat, calf, cat, dog, or other animal 
not smaller than a cat, that has not been slain for food or to 
be used in useful arts, and is found or may be within the 
hmits of the city of Louisville, within twelve hours of day- 
hght after a report shall be made to said public contractor, 
by or through the Police Department, or by or through any 
policeman of the city of Louisville, or any authorized agent. 
of the Board of Health in charge of said remains or careass, 
unless sooner removed or caused to be removed by the owner 
of such carcass or his agent, and the public contractor shall 
observe every care and use of the utmost precaution that the 
remains and carcasses of said animals be conveyed away in the 
most inoffensive manner possible, causing them to be covered. 


ANIMALS. 19 





with tarpauline or otherwise. The drivers of the teams con- 
veying such eareasses shall not stop on the way, unless de- 
tained by some unforseen accident, under a penalty of not less 
than five nor more than twenty dollars for each offense, which 
fine shall, upon the conviction of any driver or drivers of such 
teams, be recovered and enforced as other fines imposed by 
the ordinances of the city of Louisville. 

§ 2. It shall be lawful for any person or co-partnership 
of persons or corporations who has established or may hereafter 
established outside the city limits of Louisville and in the coun- 
ty of Jefferson, a place for the rendering of dead animals to 
buy from the owner or his agent the remains or carcasses of 
dead animals within the limits of the city of Louisville, and 
to move the same outside the said city hmits, as now estab- 
lished or may hereafter be established, within twelve hours 
of daylight after the death of said animals, and in moving 
the same the party or parties so moving, shall be governed 
by the same rules in section 1 of this ordinance governing the 
puble contractor in moving dead animals. 

§ 5. The puble contractor, in removing the animals and 
carcasses mentioned in section 1, shall remove them to such 
place outside of the limits of the city of Louisville as now 
established or as may be hereafter established, and within the 
limits of the county of Jefferson. 

s 4. The remains and carcasses of all dead animals men- 
tioned, referred to, and embraced in section 1 as shall die or 
be found upon any public street, alley, highway, or upon any 
uninclosed lot or commons within the limits of the city of 
Louisville, and not removed or caused to be removed by the 

owner or his agent within twelve hours of daylight after the 
death of the said animal, shall be removed by the public con- 
tractor, as hereinbefore provided in this ordinance, and the 
surplus of profit, if any, that may remain from the render- 


ing or disposition of said animal shall belong to the public 
contractor. 


§ 5. The public contractor shall, before being authorized 
to perform the duties and enjoy the privileges granted by this 
ordinance, execute to the city of Louisville, a bond, with good 
and sufficient surety, in the sum of $1,000, to be approved by 
the Board of Public Safety, and filed and preserved in the 
office of the City Comptroller, conditioned for the faithful and 
punctual performance of the duties imposed by this ordinance. 

§ 6. It shall be the duty of the Police Department and of 
the Health Department to notify the publie contractor, his 
officers or agents, of the whereabouts of the remains or car- 
eass of every. dead animal, not slain for food or to be used iv 


20 ANIMALS. 


useful arts, which they may find, or of the existence of which 
within the city limits, they may be informed, as soon as pos- 
sible. For the purpose of receiving such notice, the public 
contractor shall maintain and keep an office within the limits. 
of the city of Louisville or county of Jefferson, which shall 
be in telephone communication with some headquarters of 
the Police Department or the Health Department of the city of 
Louisville. 

§ 7. Upon the failure of the public contractor to remove 
the remains or carcass of any dead animal mentioned in sec- 
tion 1 of this ordinance within twelve hours of daylight after 
receiving notification, unless the owner or his agent has re- 
moved or caused the same to be removed, as herein provided, 
he shall be subject to a fine of not less than five nor more than 
twenty dollars for every offense, such fine to be recovered as. 
other fines under ordinances of the city of Louisville; and 
upon the third conviction thereof, within any twelve months, 
the contract shall, upon such third conviction, become void 
and forfeited, and such person, co-partnership, or corporation 
shall, upon such third conviction, cease to be the public con- 
tractor, and the Board of Puble Safety shall immediately 
thereupon advertise for proposals and award the contract for 
the unexpired term in the manner as provided hereinafter in 
section 9, 

§ 8 After the passage of this ordinance it shall not be 
lawful for any person whatsoever, or co-partnership of per- 
sons or corporation, except the owner, his agent, or persons 
granted the privilege in section 2 of this ordinance, and the 
public contractor, to remove the remains or carcasses of any 
dead animal, as specified in section 1 of this ordinance, 
through the streets, alleys or highways of the city of Louis- 
ville, and any person or co-partnership of persons or corpora- 
tions so hauling or removing said dead animals shall, upon 
conviction thereof, be fined not less than five nor more than 
twenty-five dollars for each and every offense, which fine or 
fines shall be recovered as other fines under the ordinances of 
the city of Louisville, and the removal of the remains or car- 
casses of each of the animals mentioned in section 1 shall con- 
stitute a separate offense. 

§ 9. Immediately after the passage of this ordinance the 
Board of Public Safety shall advertise for proposals to re- 
move the remains and carcasses of all dead animals, as pro- 
posed in section 1 of this ordinance, and award the contract 
for the space of three years to the highest and best bidder. 
The party to whom such contract shall be awarded shall be- 
eome, and be for the period of three years, the public con- 


ANNEXATION. 91 


tractor, and shall, during said period, enjoy the privileges. 
and be subject to the penalties and burdens provided in this- 
ordinance. Before being awarded said contract the said con- 
tractor shall execute a bond, as provided for in section 5 of 
this ordinance. Said contract, when so made, shall be trans- 
mitted to the General Council for approval. 

§ 10. All ordinanees in eonflict herewith are hereby re- 
pealed, and this ordinance shall take effect from and after 
its passage. 

Approved September 14, 1899. 


ANNEXATIONS TO THE CITY OF LOUISVILLE FROM. 
JANUARY 1, 1908, TO JANUARY 1, 1910. 


AN ORDINANCE proposing an extension of the boundary lines. 
of the city of Louisville so as to include a portion of the 
territory of Jefferson county adjacent to the western limits. 
of the eity of Louisville. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That it 1s deemed desirable to extend the boundary 
lines of the city of Louisville so as to include the following 
described territory, now a part of the county of Jefferson, 
and State of Kentucky, lying and being within the following 
limits, namely: 

? Beginning at a point in the present western boundary line: 

of the city of Louisville, which point is where the east line 
of Shawnee Park intersects a line 200 feet south of Chest- 
nut street; thence with a line 200 feet south of and parallel 
with Chestnut street to a point 200 feet west of Thirty-second 
street if extended; ‘thence with a line 200 feet west of and 
parallel with Thirty-second street if extended to a point 200 
feet north of Broadway; thence with a line 200 feet north of 
and parallel with Broadway to a point in the east line of 
Shawnee Park; thence with the east line of Shawnee Park to 
the point of beginning. 

§ 2. This ordinance shall take effect from and after its 
passage. 

Approved March 2, 1908. 


29 ANNEXATION. 





ANNEXATION OF TERRITORY IN JEFFERSON COUNTY. 


AN ORDINANCE proposing an extension of the boundary 
lines of the city of Louisville, so as to include a portion of 
the territory of Jefferson county adjacent to the eastern 


limits of the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That it is deemed desirable to extend the boundary 
lines of the city of Louisville so as to inelude the followin: 
deseribed territory, now a part of the county of Jefferson, 
and State of Kentucky, lying and being within the following 
limits, namely: 

Beginning at a point in the present boundary line of the 
eity of Louisville, which point is where a line 200 feet south- 
east of and parallel with Shady Lane intersects a line 210 
feet southwest of and parallel with Euclid avenue; thence 
with ‘a line 210 feet southwest of and parallel with Euclid 
avenue to a point 210 feet southeast of Rope Walk Lane; 
thence northeastwardly with a line 210 feet southeast of and 
parallel with Rope Walk Lane to a point 210 feet southwest 
of the Bardstown Turnpike Road; thence southeastwardly 
with a line 210 feet southwest of and parallel with the Bards- 
town Turnpike Road to a point 250 feet southeast of Douglas 
Boulevard, if extended; thence with a line 250 feet southeast 
of and parallel with Douglas Boulevard, if extended, to a 
point 210 feet northeast of the Bardstown Turnpike Road; 
thence with a line 210 feet northeast of and parallel with the 
Bardstown Turnpike Road to a point 210 feet southeast of 
Speed avenue; thence northeast with a line 210 feet south- 
east of and parallel with Speed avenue to a point 210 feet 
northeast of Chichester avenue, if extended; thence with a 
line 210 feet northeast of and parallel with Chicester avenue, 
if extended, to a point 210 feet southeast of Bonnycastle ave- 
nue; thence in a northeasterly direction with a line 210 feet 
southeast of and parallel with Bonnyeastle avenue to the 
present boundary line of the city of Louisville; thence with 
the present boundary of the city of Louisville, first, in a north- 
westwardly direction, thence in a southwestwardly, thence 
in a southerly, thence in a southwestwardly direction to the 
point of beginning. 

§ 2. This ordinance shall take effect from and after its 
passage. 

Approved June 8, 1908. 


ANNEXATION. o> 


ANNEXATION OF TERRITORY IN JEFFERSON COUNTY. 


AN ORDINANCE annexing a part of the territory of the 
eounty of Jefferson to, and incorporating the same into. 
the city of Louisville. 


Whereas, in accordance with the provisions of an _ act. 
entitled ‘‘An act for the government of cities of the first. 
class,’’ approved July 1, 1893, the General Council of the city 
of Louisville passed an ordinance entitled, ‘‘An ordinance pro- 
posing an extension of the boundary lines of the city of 
Louisville, so as to inelude a portion of the territory of Jef- 
ferson county adjacent to the western limits of the city of 
Louisville,’’ approved March 2, 1908, and said ordinance hav- 
ing been published as required by law in at least ten issues. 
of a daily newspaper published in the city of Louisville; and. 

Whereas, no petition has been filed against the city in the 
Jefferson Circuit Court within thirty days after the enact-. 
ment of said ordinance, setting forth the reasons why such 
property, or any part thereof, should not be annexed as re- 
quired by law, now therefore, 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. That the following described property now a part of 
the county of Jefferson and State of Kentucky, lying and be- 
ing within the following limits, namely: 

Beginning at a point in the present western boundary line 
of the city of Louisville, which point is where the east line of 
Shawnee Park intersects a line 200 feet south of Chestnut 
street; thence with a line 200 feet south of and parallel with 
Chestnut street to a point 200 feet west of Thirty-second street,. 
if extended; thence with a line 200 feet west of and parallel 
with Thirty-second street, if extended, to a point 200 feet north 
of Broadway; thence with a line 200 feet north of and parallel 
with Broadway to a point in the east line of Shawnee Park; 
thence with the east line of Shawnee Park to the point of 
beginning, be, and the same is hereby annexed to and con- 
stituted and made a part of the Twelfth ward of said city 
until otherwise provided by ordinance. 

§ 2. This ordinance shall take effect from its passage. 


Approved June 29, 1908. 


<) 4 ANNEXATION. 





ANNEXATION OF TERRITORY IN JEFFERSON COUNTY. 


AN ORDINANCE proposing an extension of the boundary lines 
of the city of Louisville, so as to include a portion of the 
territory of Jefferson county adjacent to the eastern limits 
of the city of Louisville. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That it is deemed desirable to extend the boundary 
‘lines of the city of Louisville so as to include the following 
-described territory, now a part of the county of Jefferson, 
cand State of Kentucky, lying and being within the following 
limits, namely: 

Beginning at the point of intersection of the present city 
boundary line and the southwesterly line of Eastern parkway, 
or Cherokee road, as laid down on the subdivision of ‘‘Bonny- 
-castle,’’ running thence southwestwardly with the southeasterly 
line of Eastern parkway, or Cherokee road, to the south- 
~westerly line of Cherokee Terrace; thence southeastwardly with 
‘the southwesterly line of Cherokee Terrace to a line 200 feet 
eeast of and parallel with Eastern parkway, or Cherokee road; 
thence southwardly with a line 200 feet east of and parallel 
with Eastern parkway, or Cherokee road, to the line common to 
lots 2 and 3 in block 8 of ‘‘Bonnyeastle;’’ thence northwest- 
wardly with said common line to the easterly line of Eastern 
‘parkway, or Cherokee road; thence with the easterly line of 
Eastern parkway, or Cherokee road, and a line 60 feet from 
and parallel with the boundary line of Cherokee Park in a 
‘southerly direction, thence in a westerly, thence in a north- 
‘westerly direction to a line 210 feet southeast of and parallel 
with Bonnyeastle avenue; thence northeastwardly with a line 
‘210 feet southeast of and parallel with Bonnyeastle ave- 
nue; thence northeastwardly with a line two hundred and 
ten (210) feet southeast of and parallel with Bonnyeastle ave- 
nue, if extended, to the present boundary line of the city of 
Louisville; thence with the present boundary line of the city 
of Louisville in a southeasterly direction to the point of be- 
‘ginning. 

§ 2. This ordinance shall be effective from and after its 
passage. 

Approved July 13, 1908. 


ANNEXATION. 


bo 
Cr 


ANNEXATION OF TERRITORY IN JEFFERSON COUNTY. 


AN ORDINANCE proposing an extension of the boundary 
lines of the city of Louisville, so as to include a portion of 
the territory of Jefferson county adjacent to the eastern 
limits of the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That it is deemed desirable to extend the boundary 
lines of the city of Louisville so as to inelude the following 
described territory, now a part of the county of Jefferson, and 
State of Kentucky, lying and being within the following 
limits, namely: 

Beginning at a point in the present boundary line of the 
eity of Louisville where it corners with the west line of the 
Louisville Water Company’s property, said point being 300 
feet north of the north line of Field avenue, if extended east- 
wardly, as located on the plat of Lentz’s subdivision of Fair- 
view; thence northwardly with the west line of the Louis- 
ville Water Company’s property to the south line of the 
Brownsboro turnpike; thence westwardly with the south hne 
of said road 294.56 feet to the center line of the 20-foot alley, as 
located upon the plan of Bluegrass addition, recorded in Plat 
and Subdivision Book 1, page 145; thence in a southeastwardly 
direction along the center line of said alley to the present city 
boundary line; thence eastwardly with the present city boun- 
dary to the point of beginning. 

§ 2. This ordinance shall take effect from and after its 
passage. 

Approved July 13, 1908. 


ANNEXATION OF TERRITORY IN JEFFERSON COUNTY. 


AN ORDINANCE annexing a part of the territory of the 
county of Jefferson and incorporating the same in the 


city of Louisville: 


WHEREAS, In accordance with the provisions of an act 
entitled ‘‘An act for the government of cities of the first 
elass,’’? approved July 1, 1893, the General Council of the 
city of Louisville passed an ordinance entitled ‘‘An ordinance 
proposing an extension of the boundary lines of the city of 


96 ANNEXATION. 


Louisville, so as to include a portion of the territory of Jeffer- 
son county adjacent to the eastern limits of the city of Louis- 
ville,’? approved July 13, 1908; and said ordinance has been 
published as required by law in at least ten issues of a daily 
newspaper published in the city of Louisville; and, 


WHEREAS, No petition has been filed against the city in 
the Jefferson Circuit Court within thirty days after the en- 
actment of said ordinance, setting forth reasons why such ter- 
ritory or any part thereof should not be annexed, as required 
by law, now, therefore, 


Be it ordained by the Ganeral Council of the city of Lowsville: 


§ 1. That the following described territory, now embraced 
within the limits of the county of Jefferson and Common- 
wealth of Kentucky, to-wit: 

Beginning at the point of intersection of the present city 
boundary line and the southeasterly lne of Eastern parkway, 
or Cherokee road, as laid down on the subdivision of ‘‘Bonny- 
eastle,’’ running thence southwestwardly with the southeast- 
ernly line of Eastern parkway, or Cherokee road, to the south- 
westernly line of Cherokee terrace; thence southeasternly with 
the southwesternly line of Cherokee Terrace to a line 200 feet 
east of and parallel with Eastern parkway, or Cherokee road; 
thence southwardly with a line 200 feet east of and parallel 
with Eastern parkway, or Cherokee road, to the line common 
to lots 2 and 3 in block 8 of ‘‘Bonnyeastle;’’ thence north- 
westernly with said common line to the easterly line of HKast- 
ern parkway, or Cherokee road; thence with the easterly line 
of Eastern parkway, or Cherokee road, and a line 60 feet from 
and parallel with the boundary line of Cherokee Park in a 
southerly direction; thence in a westerly, thence in a north- 
westerly direction to a line 210 feet southeast of and paral- 
lel with Bonnyeastle avenue; thence northeastwardly with a 
line 210 feet southeast of and parallel with Bonnyeastle 
avenue, if extended, to the present boundary line of the 
eity of Louisville; thence with the present boundary line 
of the city of Louisville in a southeasterly direction to 
the point of beginning, be and the same is hereby annexed 
to and constituted and made a part of the city of Louisville, 
and said territory shall form a part of the Third ward of said 
eity until otherwise provided by ordinance. 

§ 2. That this ordinance shall take effect from its passage. 

Approved August 31, 1908. 


ANNEXATION. 27 


ANNEXATION OF TERRITORY IN JEFFERSON COUNTY. 


AN ORDINANCE proposing an extension of the boundary 
lines of the city of Louisville, so as to include a portion 
of the territory of Jefferson county adjacent to the south- 


eastern limits of the city of Louisville. 
Be it ordained by the General Council of the city of Louisville: 


§ 1. That it is deemed desirable to extend the boundary 
lines of the city of Louisville so as to include the following 
deseribed territory, now a part of the county of Jefferson, 
and State of Kentucky, lying and being within the following 
limits, namely: 

Beginning at a point in the west line of Lawton ave- 
nue and Preston-street road, where the present south- 
eastern boundary line of the city of Louisville intersects the 
same; running thence south with the west line of Preston- 
street road to a point where the north line of the first alley 
south of F street, if extended, would intersect the same; 
thence west with the north line of the first alley south of 
F street and the north line of said alley, if extended, to the 
present southeastern boundary line of the city of Louisville 
west of Flat Lick road; thence with the present boundary 
line of the city of Louisville in a general northeastern direc- 
tion to the point of beginning. 

§ 2. This ordinance shall be effective from and after its 
passage. 

Approved Olztober 14, 1909. 


ANNEXATION OF TERRITORY IN JEFFERSON COUNTY. 


AN ORDINANCE proposing an extension of the boundary 
lines of the city of Louisville, so as to include a portion 
of the territory of Jefferson county adjacent to the south- 


eastern limits of the city of Louisville. 
Be it ordained by the General Couneil of the city of Louisville: 
§ 1. That it is deemed desirable to extend the boundary 


lines of the city of Louisville so as to inelude the following 
described territory, now a part of the county of Jefferson, and 


98 ANNEXATION—APPORTIONMENT WARRANTS. 





State of Kentucky, lying and being within the following hmits, 
namely: 

Beginning at a point in the west line of Lawton ave- 
nue and Preston-street road, where the present southeast- 
eru boundary line of the city of Louisville intersects the 
same; running thence south with the west line of Preston- 
street road to a point where the north line of the first alley 
south of F street, if extended, would intersect the same; 
thence west with the north line of the first alley south of 
F street and the north line of said alley, if extended, to the 
present southeastern boundary line of the city of Louisville 
west of Flat Lick road; then-e with the present boundary 
line of the city of Louisville in a general northeastern direc- 
tion to the point of beginning. 

§ 2. This ordinance shall be effective from and after its 
passage. 

Approved October 14, 1909. 


—— 


APPORTIONMENT WARRANTS. 


AN ORDINANCE relating to apportionment warrants in the 
eity of Louisville, Kentucky. 


Be it ordained by the General Council of the ty of Louisville: 


§ 1. That to enable the city to apportion the cost among 
owners of ground liable for the cost of the improvement for 
the original construction of any street, alley, sidewalk, road, 
lane, avenue, highway, thoroughfare, well, cistern, or for the 
reconstruction of any sidewalks provided for by section 70 of 
‘An act for the government of cities of the first. class,’’ ap- 
proved July 1, 1893, the City Assessor shall furnish to the 
Board of Public Works a lst of the names of such owners 
and a description of the ground owned by each, and when 
said list and description shall have been furnished, and the 
work received as completed, and apportioned by the Board of | 
Public Works, and approved by the General Council and 
the Mayor, the city will furnish warrants for the eost of 
improvements against the owners of ground liable therefor. 

§ 2. The clerk of the Board of Public Works shall make 
out all apportionment warrants which have been ordered by 
the General Council, and approved by the Mayor, both original 
and corrected, for which lens are given for improvements, as 
provided in section 1 of this ordinance, and shall erter the 


APPORTIONMENT WARRANTS—ASSESSOR. 29 


same in a register kept by him for that purpose within two 
days after approval by the Mayor, ard shall keep said register 
properly indexed. The len shall exist from the date of ap- 
proval of the apportionment by the Mayor. 

§ 3. It shall be the duty of the holder of the said warrants, 
when he shall have obtained payment or satisfaction of the 
same, to mark upon said register ‘‘Paid.’’ Any person re- 
eelving payment or satisfaction of an apportionment war- 
rant who shall fail to mark upon the register ‘‘Paid,’’ with- 
in two days after such payment or satisfaction, shall be fined 
not less than five dollars nor more than ten dollars for each 
day he shall so fail or refuse. 

§ 4. Said clerk of the Board of Public Works, immediately 
after entering the warrants on said register, shall return the 
original apportionment to the Comptroller. 

§ 5. All ordinances in conflict with this ordinance be and 
are hereby repealed. 

§ 6. This ordinance shall take effect from and after its 
publication. 

Approved June 26, 1894. 


a ee 


ASSESSOR—REGULATING DUTIES OF. 
(See Salaries.) 


AN ORDINANCE regulating the duties of the City Assessor 
with respect to tax bills on assessments made by the 
State Railroad Commission and State Board of Valuation 


and Assessment. 
Be it ordained by the General Council of the city of Lowsville: 


§ 1. That it shall be the duty of the City Assessor, and 
he is hereby authorized and directed to make out against 
all corporations, companies, and associations the tax ‘bills 
for each fiscal year on the amount of the assessments which 
have been heretofore, or which may hereafter, be made by 
the State Railroad Commission and the State Board of Valua- 
tion and Assessment, respectively, of the property or fran- 
chises of such corporations, companies, and associations, and 
certified for taxation by the city of Louisville, as required by 
chapter 108 of the Kentucky Statutes, entitled ‘‘Revenue and 
Taxation,’’ approved November 11, 1892. 

§ 2. The City Assessor shall make out the tax bills pro- 


30 ASSESSOR. 








vided for in the preceding. section for the same fiscal year, at 
the same rate of a@d valorem taxation, and for the same pur- 
poses levied by ordinances of the city for the respective fiscal 
year in or for which the assessments by the State Railroad 
Commission and State Board of Valuation and Assessment 
have been heretofore or may be hereafter respectively made, 
and certified, as required by law, and shall be made out on 
the same forms and be authenticated by the City Assessor in 
the same manner as other tax bills on assessments made by 
him are required to be by the levy ordinance for the same 
fiscal year. 

§ 3. All tax bills which shall be made. out and authen- 
ticated by the City Assessor, under the provisions of this ordi- 
nance, shall be listed by him as soon as practicable with the 
Receiver of City Taxes for collection, as provided for by 
law. 

§ 4. This ordinance shall take effect and be in force from 
and after its passage and publication. 

Approved April 9, 1897, Published April 12, 1897. 


———— 


ASSESSOR’S OFFICE. 


AN ORDINANCE regulating the Assessor’s Department of the 


city of Louisville. 
Be it ordained by the General Council of the crty of Louisville: 


§ 1. That in the month of June, 1907, and in the month 
of June every year thereafter, the Assessor shall have power 
to appoint, with the approval of the Board of Aldermen, one 
Chief Deputy Assessor, whose salary shall be sixteen hun- 
dred and fifty ($1650) dollars per year; and ten Deputy As- 
sessors, whose salary shall ‘be each thirteen hundred and 
fifty (£1350) dollars per year; and not exceeding ten As- 
sistant Assessors, the latter to be appointed by the Assessor 
and approved by the Board of Aldermen in .the month of 
August or Septembe1 and to serve only such length of time 
as may be necessary between September first and December 
first of the year for which they are chosen, as their services 
may be required by the Assessor, said Assistant Assessors to 
receive each a salary of seventy-five ($75) dollars per month. 

§ 2. The Assessor shall have power to appoint one drafts- 
man, whose salary shall be thirteen hundred and fifty ($1350) 
dollars per year; one Assistant Draftsman, whose salary shal 


ASSESSOR’S OFFICE——AUCTIONEERS. 81 








be one thousand ($1000) dollars per year; and one Transfer 
Clerk, whose salary shall be one thousand ($1000) dollars per 
year. 

§ 8. It shall be the duty of the Deputy Assessors, the As- 
sistant Assessors, the Draftsman and Transfer Clerk, to per- 
form such duties and render such services aS may be re- 
quired of them by the Assessor. 

§ 4. All ordinances or parts of ordinances in conflict with 
this ordinance are hereby repealed. 

§ 5. This ordinance shall take effect from and after its 
passage. 

Approved June 15, 1907. 


AUCTIONEERS. 
AN ORDINANCE requiring auctioneers to execute bond. 


Be it ordained by the General Council of the city of Lowmsville: 


§ 1. That every person or firm conducting an auction sale 
for himself or another, or carrying on the business of auc- 
tioneer in this city shall execute bond in the sum of $1,000 
to the city of Louisville for the benefit of purchasers at aue- 
tion sales to be conducted by such party or parties, with 
sureties who shall qualify as sureties on attachment bonds. 

§ 2. Said bond shall be conditioned for the honest con- 
duct of such sales, and that no fraudulent representations will 
be made as to the quality of the thing sold. 

§ 3. Said bond shall be tendered to the License Board 
when application for license shall be made, and shall be sub- 
ject to the approval of said board, and no license shall be issued 
until such bond is approved and such bond shall cover the 
period for which such license is granted. 

‘§ 4. This ordinance shall not apply to sales made under 
order of court or under any legal process. 

§ 5. This ordinance shall be in effect from and after pub- 
lication. 

Approved May 19, 1896. 


29 AUDITOR. 





AUDITOR—REGULATING DUTIES OF. 


(See Salaries.) 


AN ORDINANCE concerning the office of the Auditor of the 
city of Louisville, and regulating and prescribing the 
duties of said Auditor. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That the office of Auditor, authorized and provided 
for by section 2901 of an act of the General Assembly of the 
Commonwealth of Kentucky, for the government of cities of 
the first class, approved July 1, 1893, be and the same is here- 
by regulated, and the duties of the Auditor herein prescribed. 

§ 2. The Auditor shall keep such books as are necessary 
for the performance of his duties and as are required by law. 

§ 3. The said Auditor shall examine, adjust and audit all 
unsettled accounts, claims or demands against the city, for the 
payment of which any money may be drawn from the 
City Treasurer, and shall see that said accounts, claims or 
demands are fully itemized, and are such as are authorized. 
by law or ordinance, and that same are made out in duplicate, 
and as required by ordinance now in force, upon the forms 
approved by the Controller, which shall be certified to by the 
officer receiving the labor or material, and shall plainly state 
the purpose for which it was intended, and the authority un- 
der which it was rendered, or requisitioned, but no claim shall 
be audited or allowed by him unless there shall be a legal 
appropriation therefor. He shall have the right and power to 
administer oaths, and may require all or any settlement of 
claims or accounts to be verified by proper affidavits. 

§ 4. Where such claims or accounts have been audited, 
approved and allowed by the Auditor, he shall transmit the 
same promptly to the Controller, to be by him registered, as 
is now required by an ordinance entitled, ‘‘An ordinance 
prescribing the manner in which claims against the city of 
Louisville may be made.”’ 

§ 5. If there be funds legally appropriated for the pur- 
pose, the Auditor shall draw his warrant therefor against 
said fund, for such claims as are approved in the manner 
provided for by an ordinance entitled, ‘‘An ordinance pre- 
scribing the manner in which claims against the city of Louis- 
ville shall be made.’’ All warrants so issued shall state the 


AUDITOR—AUDITOR’S CLERK. S¢ 





account or appropriation to which same is chargeable, the 
number of the claim or voucher to be paid thereby. 

§ 6. The Auditor shall keep a ‘‘Record of appropriations: 
and warrants issued’’ in a book known as the ‘‘ Warrant. 
Register,’’ in the same form as now used, and shall furnish 
to the Controller within three days after the close of each 
month a report in the form now used of all warrants issued. 
during the preceding month, and upon what account. 

§ 7. The Auditor shall adopt a form of warrant subject: 
to approval of the Controller. 

§ 8. That an ordinance entitled, ‘‘An ordinance concern- 
ing the office of the Auditor of the city of Louisville and 
regulating and prescribing the duties of said Auditor,’’ which 
was approved September 10, 1909, be, and the same is hereby 
repealed. 

§ 9. This ordinance shall take effect from and after its: 
approval. 

Approved December 15, 1909. 


AUDITOR’S CLERK. 


AN ORDINANCE providing a Clerk for the City Auditor, an& 
fixing his salary. 


Be it ordained by the General Council of the city of Lowsville- 


§ 1. That the City Auditor, with the approval of the Mayor, 
shall have the power to appoint a clerk for his office, to per- 
form such duties as directed by the said Auditor or by ordi-— 

nance. . 
| § 2. Said clerk shall receive a salary at the rate of twelve 
hundred ($1200) dollars per annum, payable in monthly in— 
stallments. 

§ 3. This ordinance shall take effect from and after its 
passage. 

Approved May 25, 1908. 


24 AUTOMOBILE REGULATIONS, 


AUTOMOBILE REGULATIONS. 


AN ORDINANCE relating to automobiles and motor vehicles, 
and regulating the use thereof on the streets, alleys and 


ways of the city of Louisville. 


Be it ordained by the General Cowneil of the city of Louisville: 


§ 1. There shall be provided by the Commissioners of 
the Sinking Fund, without cost to the leensee of every au- 
‘tomobile, motor car, or other vehicle propelled by steam, 
‘gasoline, or electric power, driven on any of the streets, 
alleys or ways of the city of Louisville, numbers, which shall 
be displayed on the back of such motor vehicle in such man- 
‘ner as to be plainly visible. The numbers to be in white 
Arabic numerals, each four (4) inches in height and each 
stroke to be of the width of one-half (44) inch. Also the 
letters Lou., Ky., to follow said numbers in vertical posi- 
tion, said numbers and letters to be cast or painted on a 
red or blue enamel plate six (6) inehes in height. It is 
‘further provided that said numbers shall also be painted or 
ctherwise conspicuously placed upon the lamps of said vehicles 
by the owners thereof. And no automobile or vehicle as afore- 
-said shall be driven or operated on the streets, alleys or ways 
of said city without having conspicuously placed thereon the 
number issued to the licensee as aforesaid and attached as 
herein provided. And no owner or owners of any automobile, 
motor ear, or other vehicle propelled by steam, gasoline or 
electric power shall be permitted to use any other number 
plate than that furnished by the Commissioners of the Sink- 
Ing Fund. The Commissioners of the Sinking Fund shall keep 
a record of every number issued as aforesaid, together with 
‘the name and address of each licensee. 

Non-residents—The provisions named above shall not ap- 
ply to motor vehicles owned and operated by non-residents 
of this State, provided the owners thereof have complied with 
any law requiring the registration of owners or in force in 
‘the State, Territory or Federal district of their residence, and 
the registration number showing the initial of such State, 
‘Territory or Federal district shall be plainly displayed on 
such vehicle as provided above. 

§ 2. Every automobile, motor car or other vehicle pro- 
‘pelled by steam, gasoline or electric power, when in use upon 
any of the streets, alleys or ways of the city of Louisville 
‘from one hour after sunset to one hour before sunrise shall 


AUTOMOBILE REGULATIONS 83> 





have and keep lighted one or more lamps or lanterns attached. 
to such vehicles, showing a white light visible for a reason- 
able distance in the direction tow ard which such vehicle is: 
proceeding, and showing a red light toward the rear; said 
hght or lights to be so placed as to be free from obstruction 
from other parts of such vehicle. 

§ 3. No automobile or motor vehicle as aforesaid shall be 
driven or operated upon any street, alley or way of the city 
of Louisville within the territory extending from the Ohio 
river to Chestnut street, inclusive, and between Preston street. 
and Fifteenth street, inclusive, at a rate of speed faster than 
eight miles per hour; and when going around any corner 
or past any intersecting street within said territory the rate 
of speed shall be reduced; and no automobile or motor vehicle 
as aforesaid shall be driven or operated upon any street, alley 
or way of the city of Louisville outside of the above defined 
territory at a rate of speed faster than twelve miles per hour. 

§ 4. Every automobile, motor car or other vehicle propelled 
by steam, gasoline or electric power, driven or operated upor 
any of the streets, alleys or ways of the city of Louisville, 
shall be equipped and supphed with an alarm bell, gong or 
horn. 

§ 5. No part of the machinery of any automobile, moto® 
ear or other vehicle propelled by steam, gasoline or electricity, 
shall be left running while such vehicle is standing without. 
an attendant upon any street, alley or way of the city of 
eee 

§ 6. It shall be unlawful for any one to tamper with any 
Be phile: motor car or other vehicle propelled by steam, gaso- 
line or electrie power, while the same is standing upon any 
street, alley or way of the city of Louisville, unattended by 
the person driving, using or operating the same. 

Nothing contained in this ordinance shall be so cou- 
struced as to apply to the operation or running of any trains: 
or cars upon the stea mrailroads, or street railroads of the city 
of Louisville. 

§ 8. Any person, firm or corporation violating any of the 
provisions of this ordinance shall be subject to a fine and 
penalty not to exceed ten dollars for each offense. 

§ 9. An ordinance entitled, ‘‘ An ordinance relating to au- 
tomobiles and motor vehicles, and regulating the use thereof 
on the streets, alleys and ways of the city of Louisville,’’ ap- 
proved March 3, 1905, is hereby repealed. 

§ 10. This ordinance shall take effect from and after its 
passage. 

Approved September 11. 1906. 


‘26 AUTOMOBILES—LICENSE TO CHAUFFEURS. 





AUTOMOBILE—LICENSE OF CHAUFFEURS. 


AN ORDINANCE imposing a license for following the ealling 
or occupation of chauffeur for hire, fee, compensation or 
reward of any kind, and regulating said calling. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. Each and every person who follows the calling or 
occupation of chauffeur for hire, fee, compensation or reward 
-of any kind shall annually pay into the Sinking Fund of the 
city of Louisville, for the purposes of the Sinking Fund, the 
sum of $3.00 license tax; and the Treasurer of said 
‘Sinking Fund shall, upon such payment, issue to the 
person so paying a license to follow said calling or occupa- 
tion and shall furnish to such person, free of charge, a num- 
bered badge, tag or button. Each and every chauffeur for 
hire, fee, compensation or reward of any kind while engaged 
in his or her ealling or occupation shall carry his or her license 
cand shall exhibit the same whenever requested to do so by a 
‘license inspector or an assistant leense inspector or a police 
officer. Each and every chauffeur for hire, fee, compensation 
“or reward of any kind, while engaged in his or her ealling or 
occupation, shall wear the aforesaid badge, tag or button con- 
“spicuously on the breast of his or her outside garment, and 
in such a manner that it may always be easily seen from 
‘the sidewalk. It shall be unlawful for any person to destroy, 
deface or injure said badge, tag or button in any manner, or 
‘change the number or date thereon. It shall be unlawful for 
any person to wear said badge, tag or button, unless it be 
the licensed chauffeur in whose name the license and badge, | 
tag or button were issued. It shall be unlawful for any such 
licensed chauffeur to wear any other badge, tag or button 
similar to the one furnished by the Commissioners of the 
‘Sinking Fund of the city of Louisville. It shall be the duty 
of each licensed chauffeur on or before the date on which’ 
‘said license shall expire to return to the Commissioners of the 
‘Sinking Fund said license and badge, tag or button issued to 
‘him or her the preceding year. Should the button or tag 
‘here referred to be lost or defaced, the licensee must apply 
for and obtain a new license and pay the fee of $3.00 
required by this ordinance. Ail chauffeur licenses issued 
jn accordance herewith shall expire on ,the first day 
of May of each year, and any person who follows the ealling 
<or occupation of chauffeur for hire, fee, compensation or re- 


AUTOMOBILES—LICENSE TO CHAUFFEURS. 37 





ward of any kind, after the passage and publication of this 
ordinance, shall be charged proportionately for the year end- 
ing the first day of May. 

§ 2. No person shall be entitled to receive a license pro- 
vided by this ordinance unless he be of temperate habits and 
good moral character, and unless he be an experienced, com- 
petent and careful chauffeur, and at the time of making ap- 
plication for such license the applicant shall file an affidavit 
or affidavits, signed and sworn to by not less than three citi- 
zens of the city of Louisville, who are housekeepers, showing 
that the applicant is of temperate habits and good moral char- 
acter, and that he is an experienced, competent and careful 
ehaufteur. Should the Secretary and Treasurer of the Sink- 
ing Fund of the city of Louisville refuse to grant a license to 
any applicant, said applicant shall have the right to appeal 
to the Police Court or the city of Louisville, but shall give 
at least five days’ notice of such appeal to the Secretary and 
Treasurer of the Commissioners of the Sinking Fund of the 
eity of Louisville. 

§ 3. Any license granted in accordance with this ordinance 
may be revoked by the Police Court of said city of Louisville, 
after an open trial, with due notice to the licenses, when- 
ever, in the judgment of said court, the licensee is not com- 
petent, or has been guilty of such acts in reference to said 
calling or occupation as amount to disorderly conduct, or has 
violated any existing law in regard to the operation or running 
of automobiles. 

§ 4. After the passage of this ordinance it shall be unlawful 
for any person to follow the calling or occupation of chauffeur 
for hire, fee, compensation or reward of any kind, unless he 
be eighteen years of age and shall have theretofore obtained, 
and has, said license from the city of Louisville, and any per- 
son so offending or violating any provision of this ordinance 
shall be guilty of a misdemeanor, and upon conviction shall be 
fined not less than fifteen ($15) nor more than one hundred 
(¢100) dollars. 

§ 5. This ordinance shall not affect the validity of any 
license heretofore issued under an existing ordinance. 

§ 6. The ordinance imposing a license for following the 
ealling or occupation of chauffeur for hire and regulating 
same, which was approved by the Mayor of the city of Louis- 
ville on the 21st day of September, 1909, is hereby repealed. 

§ 7. This ordinance shall take effect from and after its 
passage. 

Approved November 8, 1909. 


38 AW NINGS—BATHING 


AWNINGS. 
AN ORDINANCE regulating awnings in the city. 
Be it ordained by the General Council of the city of Lowsville: 


§ 1. It shall not be lawful to erect, keep, or maintain in 
or over any sidewalk, street, alley, or puble thoroughfare, 
any awning which shall not extend to the line of the eurp- 
stone of the footway or pavement in front of the premises 
before which said awning shall be placed, the lower pari or 
eave thereof being at least nine feet above the curbstone, and 
so covered over as to throw water falling thereon into the 
gutter of the streets, and be supported by iron posts of suitable 
size, and securely fastened in a block of stone eighteen inches 
in length and not less than six inches square and placed in 
the ground four inches inside of and beyond the curbstcue and 
nu) further; provided, however, That this ordinance shall not 
apply to any awning now erected, if the same does not extend 
to the curbstone, and shall not prevent the erection of awn- 
ings fifteen feet in width on or over sidewalks which ave mcre 
than fifteen feet in width. There shall be no side or end wings 
or any rail attached to said owning or iron posts. Any per- 
son violating this ordinance shall be fined not less than five 
nor more than twenty dollars for each offense, and iive del- 
lars penalty for each twenty-four hours that the violation 
continues. 

Approved May 28, 1875. 


BATHING. 
Concerning Bathing in Beargrass Creek and Ohio River. 


It shall be unlawful for any one, between the hours of 
4 o’clock am., and 9 o’clock p.m., to bathe in the canal, 
Beargress creek, or in the Ohio river, at any point between 
the eastern and western boundaries of the city, or in any pond 
within the city limits. For a violation of the provisions of 
this ordinance, each party offending shall be liable to arrest, 
and shall, for each offense, be fined ten dollars. 

Approved July 25, 1867. 


BELLS—BICYCLES—BIRTHS. 89 


BELLS. 


AN ORDINANCE to regulate the ringing of auction bells 
in the city. 


Any person who shall ring a bell in the streets to give 
notice of an auction or other assembly for a longer time than 
ten minutes, or elsewhere than before the door of the place 
of the auction or assembly, shall be fined five dolars. 

Approved October 17, 1853. 


BICYCLES. 


AN ORDINANCE concerning the use of bicycles on the public 
ways of the city of Louisville. 


Be it ordained by the General Council of the city of Lowmsville: 


§ 1. It shall be unlawful for any person to use a bicycle 
on any of the public ways of the city of Louisville without 
having in connection with such bicycle, upon the handlebar 
thereof, at all times, a gong of sufficient sound, and so used 
to warn persons of its approach; and also, whenever such 
bicycle is used on any of the public ways between sunset and 
sunrise, a lantern so conspicuously placed and lghted as to 
warn persons of its approach. 

§ 2. Any person violating the provisions of this ordinance 
shall be fined ten dollars for each offense. 

§ 3. This ordinance shall take effect from and after its 
publication. 

Approved August 17, 1896. 


BIRTHS. 
AN ORDINANCE concerning birth certificates, and requiring 


physicians, accouchers, midwives, heads of families and 
other persons in charge to make returns of same to the 
Health Office. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That every physician, midwife, accoucher, head of 


40 BIRTRS. 








family, or other person in charge, who shall attend, assist 
or advice at the birth of any child within the city of Louis-- 
ville, shall report to the Health Officer of the city of Louis- 
ville upon a blank form or blank certificate supplied by the 
Health Officer, within fifteen days after the birth of such 
child, which said form or certificate shall contain the follow- 
ing items: 

1st—Name of child. 2d—Number of previous children of 
this mother. 3d—Sex of child. 4th—Color of child. 5th— 
Date of birth. 6th 7th—Born alive (or 
dead). 8th—Legitimate (or illegitimate). 9th—Mother’s 
maiden name. 10th—Mother’s age. 11th—Mother’s residence. 
12th—Mother’s birthplace. 13th—Father’s name. 14th— 
Father’s age. 15th—Father’s occupation. l16th—Return by 
M.D., or M. W. 18th—Postoffice address. 19th—Date of re- 
turn. 

Blank spaces shall be left opposite or below each of the 
above items and the person required under this section to fill 
out and sign said form or certificate shall fill in said blank 
spaces with the information called for, or satisfactorily ac- 
count for the omission of any of said information. 

The certificate shall be written legibly in ink and shall be 
signed by the attending physician, midwife or other person 
whose duty it is under this ordinance to make and file said 
certificate. Only one such certificate need be filed. 

A child born of seven months’ gestation or over shall be 
registered as a birth. 

§ 2. When any certificate of birth of a living child is re- 
turned without statement of the given name, the Health De- 
partment will prepare and deliver to the parents a special 
blank for a supplemental report of the given name of the 
child which shall be filled out as directed, signed and re- 
turned to the Health Department as is the orginial certificate, 
so soon as such child shall be named. The original certificate 
of birth shall not be considered completed until said supple- 
mental report is filed, 1f one is required. 

If said child die before it is named, then said supplemental 
report shall contain the statement, ‘‘Died unnamed.”’ 

§ 3. It shall be the duty of every physician, accoucher, 
or midwife practicing medicine, or doing business as an ac- 
coucher in the city of Louisville, to register his or her name 
in a book or books, to be provided for such person at the 
City Health Office, giving his or her full name, residence and 
place of business, and, in case of removal from one place to an- 
other in said city, to furnish the change of the Health Officer 
to be placed in said register accordingly. 





BLANK CARTRIGES. : Al 








§ 4. Any person violating any of the provisions of this 
ordinance shall be fined not less than five dollars nor more 
than twenty dollars for each offense. 

§ 5. An ordinance entitled, ‘‘An ordinance concerning 
birth certificates, and requiring accouchers to make returns of 
same to Health Office,’’ approved April 19, 1898, and all ordi- 
nances in conflict with this ordinance are hereby repealed. 

§ 6. This ordinance shall take effect from and after its 
passage. 

Approved September 10, 1909. 


— 


BLANK CARTRIDGES. 
AN ORDINANCE concerning blank cartridges which may be 


used: to produce an explosion by the aid of a pistol or 
other device. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. It shall be unlawful for any person, firm or corpora- 
tion in the city of Louisville to sell, give away or to dispose 
of in any manner or form, except as hereinafter provided, any 
blank cartridge or cartridges of any sort, size or kind without 
a leaden bullet or leaden substance therein, but which shall 
or might be used or employed to produce an explosion by the 
aid of a pistol or by any other device. 

§ 2. It shall be unlawful for any person or persons to use 
or explode, or cause to explode by pistol or any other device, 
a blank cartridge or blank eartridges upon any of the streets, 
highways, alleys or lots in the city of Louisville. 

§ 3. The sections of this act shall not apply to sales made 
of blank cartridges on permits issued by the Board of Safety 
to owners of managers of theatres for use on the stage dur- 
ing performances at said theatres, nor to any officer of a reg- 
ularly organized military company or drill corps, to be used 
by said company or corps within an ineclosed lot, room or 
space, and for drill purposes only. 

§ 4. Any person, firm or corporation violating any provi- 
sion of this ordinance shall, upon trial and conviction, be 
subject to a fine of not less than $10 nor more than $50 for 
each offense. 

§ 5. All ordinances or parts of ordinances in conflict here- 
with are hereby repealed. 

§ 6. This ordinance shall take effect from its passage. 

Approved February 16, 1904. 


AQ BOARD OF EQUALIZATION—BOARD OF PUBLIC SAFETY. 


BOARD OF EQUALIZATION. 


AN ORDINANCE fixing the compensation of the Board of 


Equalization. 
Be it ordained by the General Council of the city of Lowisville: 


§ 1. That each member of the Board of Equalization shall 
receive for his services the sum of five dollars ($5) per day, 
during its sessions, the same hours to be observed each day 
as provided by ordinance fixing the office hours of all officers 
of said city in the City Hall. And no other allowance or 
emoluments, directly or indirectly, for any purpose whatever, 
shall be made to said Board of Equalization. 

§ 2. The City Assessor, or one of his assistants, shall act as 
secretary of the board, if one be required, without additional 
compensation. 

§ 3. This ordinance to take effect from its passage. 

Approved September 16, 1895. 


(ee oe 


BOARD OF PUBLIC SAFETY—DEPARTMENTS AND 
SALARIES. 


AN ORDINANCE ‘concerning the departments under the 
Board of Public Safety and fixing the number, salaries 
and compensation of the officers and employes therein. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. The following departments be, and they are hereby, 
created and placed under the Board of Public Safety, as 
authorized by statute, to-wit: Police, Fire, Workhouse, Home 
of Aged and Infirm, Inspector of Buildings, Health, Pound 
Keepers, Cemeteries, Hospital and Eruptive Hospital Depart- 
ments. 

§ 2. The Board of Safety shall keep on file in its office 
a copy of all orders, instructions and appointments made by 
if, and also a record of the proceedings in all trial cases that 
may come before it. 

§ 3. There may be the number of officers and employes 
prescribed in this ordinance, and no more, in each of said 
departments respectively, and their salaries and compensations 
shall be not more than the sums fixed by this ordinance, and 
the pay-rolls for each of said departments shall be made up, 


BOARD OF PUBLIC SAFETY. 43 








certified and registered for the approval of the General Coun- 
ceil each month, in accordance with the provisions of this 
ordinance, and not otherwise. 

§ 4. In the Board of Safety, Police, Fire, Workhouse, 
Home of Aged and Infirm, Inspector of Buildings, Health, 
Pound Keepers, Cemeteries, Hospital and Eruptive Hospital 
Departments, there may be the following officers, members 
and employes, who shall receive not more than the salaries 
and compensations per annum set opposite their respective 
names, to-wit: 


§ 5—BOARD OF SAFETY. 


Salary 
Position. Per Annum. 
Three members of the Board of Public Safety, at 
Beem Dare annum teaches) ats oooh fae deen tos $ 7,500 00 
EL Ph ey ARE acc Rate cs ad wie 60k95, 8 1,650 00 
USES ts oN RO Ree a 1,200 00 
$10,350 00 
§ 6. POLICE DEPARTMENT. 
SL OIC ey tyat eee, 2 Ps esie cs’. $3,000. 00 
Assistant Chief of Police, with rank of Major...... 1,800 00 
meoretary. ol Police Department. io... 2.6.0 6.0005 1,650 00 
RMI GLOOUIVER, Sth es Oia ttle ee dee eee aes 1,800 00 
Secretary of Detectives, who shall be a qualified 
BV aANGre Al Owe ake. i ae Ue ae Be 1,200 00 


Seven Captains of Police at $1,400 per annum each. 9,800 00 
Fourteen Lieutenants of Police at $1,100 per annum 
eR Te Pe oa) eee gs a. are Pay S ele ales eles 15,400 00 


Twenty-two Sergeants of Police at $1,000 per an- 
SECC LL Oy eee ne | ek Pehle end. Rielplewie os 22,000 00 
Three hundred and sixty-nine patrolmen at $2.50 per 
day, being at the rate of $912.50 per annum......336,712 50 
Department an experienced memb er of the police 
The Board of Public Safety shall, with the approval 
of the Mayor and City Attorney, assign to the Law 
foree, who shall perform such duties as may be 
directed by the City Attorney, and whose salary 
shall be $1,300 per annum, payable on the pay-roll 
of the City Attorney’s office, excess over regular 


MEG SHAT I) eo te ke Oey aN A 387 50 
Four hundred and seventeen employes ..........$393,750 00 
Deduct and charge to City Attorney’s pay-roll.... 1,300 00 


£392,450 00 


44 BOARD OF PUBLIC SAFETY. 





Regular detectives may be appointed by the Board of 
Public Safety from the number of regular patrolmen herein 
provided for, and shall receive $2.75 per day, being at the 
rate of $1,003.75 per annum each. 


§ 7. FIRE DEPARTMENT. 


Chief cof: Fire Departinentind. 2%. af noe iee ee $ 3,000 00 
4 Assistants to the Chief of Fire Department at 

$1,600 perlannumcedebu..ia ivan ope ede tae 6,400 00 
LSecretary: sus wits. taster eter kee eee ee ee 1,650 00 
1 Aid to Chief at $2.75 per day, beng at the rate 

a) ERG CE ern oe ier fey ek BRU NG | 1,003 75 
1 Chief Operator of Fire Alarm Telceeath A Ne Je 1,500 00 
1 Master Mechanic or Superintendent of Repair 

and Machine 9Sh0p. <i 726, We yorieeee ee einen ae 1,500 00 
2 Water Tower men at $2.50 per day each, being at | 

the rate of $912.59 per annum each ........... 1,825 00 
3 Fire Alarm Telegraph Operators, at $2.75 per na 


day, being at the rate of $1,003.75 per annum each 3,011 25 
3 Telephone Operators at $2.75 per day, being at 


the rate of $1,003.75 per annum teach*-2. 00. 3,011 25 
4 Line Repairers at $2.75 per day each, being at 
the rate of $1,003.75 per annum each.......... 4,015 00 


1 Batteryman at $2.75 per day, being at the rate of 1,003 75 
1 Foreman of Repait and Machine Shop at $3.00 | 

per: day, bemeyat thetrate tol awe an ae 1,095 00 
2 Machinists at $2.75 per day each (except Sun- 

days), being at the rate of $860.75 per annum 


each. i... seestazed hes Chay deme tne eee en 1,721 50 
1 Blacksmith at $3.00 per day (except Sundays), 

being ‘atthe ratenol: cect ieee ae lea eee 939 00 
1 Blacksmith Helper, at $2 per day (except Sun- 

days), being»atitheenate, of are 626 00 
1 Harness Maker at $2.75 per day (except Sun- 

days), being <atwihe, ratenot 2. coe weeeee ee 860 75 


2 Hydrant men at $4 per day each (except Sun- 

days), being at the rate of $1,252.00 per an- 

NUM °eachs {wun kt petteh i ey dean eee ae 2,504 00 
2 Painters at $3.00 per day each (except Sundays), 

being at the rate of $939.00 per annum each.. 1,878 00 
1 Captain to each fire engine company at $100 per 

month, being at the rate of $1,200 per annum. 

There are now 21 engine companies........... 25,200 00 
1 Captain to each hook and ladder company at 

#100 per month, being at the rate of $1,200 per 


Or 


REE OO A rasan mata FV Yaa Migs ieee o> $256,405 


BOARD OF PUBLIC SAFETY. 


annum each. There are now 6 hook and ladder 

MEEISU DAREN ESI WLPLea eek a) heere ee tk ake obi M il ie Re aoc y Sipe ear e 7,200 
Captain to each water tower company at $100 

per month, being at the rate of $1,200 per annum. 

There is now but one water tower company.... 1,260 
Pipemen to Fire Engine Company No. 2; 4 pipe- 

men to each of the Fire Engine Companies 1, 

4 and 8, at $2.75 per day, being 17 pipemen, at 

the rate of $1,003.75 per annum each....... ceed Wa boys 
Pipemen to each of the Fire Engine Companies, 
Nos. 5, 7 and 9 at $2.75 per day each, being 9 
pipemen at the rate of $1,003.75 per annum each 9,033 
Pipemen to each of the Fire Engine Companies 
Seri nay i 2 lo eld 1 Lore 16,19, 

20 and 21, at $2.75 per day, being 28 pipemen 

at the rate of $1,003.75 per annum each...... 28,105 
Engineer at each Fire Engine Company, at $97.50 

per month each, being 21 engineers at the rate of 

Bop teu Ut DAP ANNUM CAC oon Sica ee wie eeis 24,570 
Stoker to each of the fire engine companies at 

$2.50 per day, being 21 stokers at the rate of 


Se OT OT AMON AG esta. you's sls Sige hoe petelece oh 19,162 : 


Engine driver and 1 reel driver to each of the 
Fire Engine Companies at the rate of $2.50 per 
day each, being 42 men at the rate of $912.50 
TTT ECIE I rte Bake Ble Mee aE La ie ar 38,329 
Truck driver and one fuel wagon driver to each 
of the Hook and Ladder Companies Nos. 1, 2, 
3, 4 and 6 at $2.50 per day each, being 10 men 


at the rate of $912.50 per annum each........ 9,125 
Truck driver for Hook and Ladder Company No. 

Diab $2.00 per day, being at the rate of.......... 912 
Driver for Water Tower Company at $2.50 per 
SEIGTNO U LG. TAL, OF wir, ess Aah rad Oey ee the 6 acs es 


Driver to supply wagon at $2.50 per day, being 
ET MOL ALES exes Pl) An's gies doch anes bjs bX G chews an elon 912 
Laddermen to each of the Hook and Ladder Com- 
panies, 1, 2, 3, 4 and 6, at $2.75 per day, being 35 
laddermen at the rate of $1,003.75 per annum 
Si GE AE Si SIE FL Aired A iy ASN ho ee Ble) 
Laddermen to Hook and Ladder Company No. 
5 at $2.75 per day, being at the rate of $1,003.75 
ELLA Ta i Yi 1 otk a of hak. Pha. 5' eF Bi PERL eed. SBIR ceo 2,007 


45 


00 


00 


79 


79 


00 


00 


00 


00 
50 


50 


25 


50 
50 


AG BOARD OF PUBLIC SAFETY. 


ls Superintendents. 2s4 seen > trop sai ts ee $ 1,200 00 
L Quarry boss atas0o7 persamonthice ea ee 780 00 
1 Druggist (who shall also act as clerk), 1 day 

watchman (who shall also be prison wagon driv- 

er), 1 house engineer and 1 quarry engineer, and 

1 night watchman, salary each, $60 per month, 

being 5 employes at the rate of $720 per annum 

BACH by. sideg as Acg Heke © ca ike CPS ae ae ea 3,600 00 
1 Blacksmith, 1 prison cook and 7 guards, salary 

each $50 per month, being 9 employes, at the rate 

of, $600; per annunis each? vue ee ee 5,400 00 
1 Hostler and gardener at $30 per month........ 360 00 
L. House .cook .ats$l8 “per month ay eee ee 216 00 
1 Night firemanwat $50 -perumonth ms eee ee 600 00 
1 Matron at $60 per month (for female prisoners). . 720 00 
20: Employes 25. ).cdke cher: Gan eae eee aes ee $12,876 00 

§ 9. HOME FOR THE AGED AND INFIRM. 
I* Superintendent 7 2. se oie ee eee $ 1,200 00 
1 Engineer at $60 per month (steam engineer)... . 720 00 
1 Druggist (who shall also act as clerk) at $50 per 

MON th. 1. hte Geko leet he See 600 00 
1 Male nurse at $40 per month, being at the rate of 480 00 
1 Female nurse at $30 per month, being at the rate 

0) RP Pe Areal Mate Nh ee a 360 00 
1 Farm: boss at’'$4o%per tmon tier aee tee ae 540 00 
1 Watchman ates30 peremontiioe ss ener 360 00 
LeBaker: at, $25 peremonths pace ee ee 300 00 
1 Maid, at. $15: persmotith ose eee ee Re 180 00 
1 Seamstress at $25" per month, 8 eee ee 300 00 
1 Matron at $30; 1 hostler at $20; 1 dairyman at 

$30 and 1 cook at $40 (officers’ kitchen), per 

month each; making, a ota]. ive ees eee 1,440 00 


Such additional help as may be necessary in the repair 
shop, not exceeding 15 men at any one time, to be approved 
by the Board of Public Safety, and whose salaries shall be 
fixed by the Board of Public Safety, and whose names shall 
appear on the regular pay-roll of the repair shop as special 
men, but who may be dismissed at any time by the Board of 
Pubhe Safety, and shall not be considered regular, or uni- 
formed men. 


§ 8. WORKHOUSE DEPARTMENT. 


BOARD OF PUBLIC SAFETY. 


2 Farmhands at $20 per month each, being at the 
rate of $240 per annum each; total............ 
1 Cook, 1 laundress and 1 porter, salary each $20 
per month, being at the rate of $240 per annum 
Se TS Fan aa eal ER Grr ee a 
meaarymaid at $10 per month......355........ 
1 Electrical or night engineer at $60 per month.... 


IRE oN os. rhe Me eek nas v0, 8 


AT 


480 00 


720 00 
120 00 
720 00 


$8,520 00 


§ 10. INSPECTOR OF BUILDING DEPARTMENT. 


Inspector of Buildings, who shall be the head of 
the department, and whose salary shall be $150 


MMREEPE STS GAC are a ola hale rata’ ioe toss CLI Chae A Se ae ¢ 1,800 00 


All the other officers, clerks, and employes of the 


department shall be under the direction and ‘con- 


trol of the Inspector of Buildings, subject to the 
Board of Safety. 

Assistant Inspector of Buildings, who shall be the 
computer. He shal] be a qualified structural en- 
gineer. His salary shall be fixed by the Board of 
Publie Safety, and shall not be more than $125 
UTES SGI OASIS 8 Pane ce a ie a ee ke a 

Assistant Inspector of Buildings, to be known as 
the Smoke Inspector, at $125 per month....... 

Assistant Inspector of Buildings, who shall be ex- 
perienced in elevator construction, and whose 
tesa bes slooe pertmonth . wee b.) oye a 

Assistant Inspector of Buildings, who shall be the 
Electrical Inspector. He shall be a qualified elec- 
trician, and his salary shall be.$125 per month. . 

Assistant Inspector of Buildings, who shall be the 

Inspector of Plumbing, and whose salary shall 

be $125 per month. No person shall be appointed 

Inspector of Plumbing who has not been a resi- 

dent of the city of Louisville for one year, and 

who has not served a regular apprenticeship at 
the plumbing business and worked as a journey- 
man plumber for at least five years............ 

Assistant Inspectors of Buildings, whose salaries 

shall each be $100 per month, being at the rate 

Me LTDGOCANNTUM. . csc 5 .scs abs occ e a eee oss 


bo 


1,500 00 
1,500 00 


1,500 00 


1,500 00 


1,500 00 


2.400 00 


48 BOARD OF PUBLIC SAFETY. 


1 Permit, Clerkat S7o per monte. se: 7a eee 900 00 

1 Clerk and Stenographer, not to exceed a salary of | 
$60 per -mbnith (ue api eet rec ee ae i Pee 720 00 

LOSHIMplLOV. 08 “6s oi ee as See ties ae eae ad ie wee £13,320 00 


§ 11. HEALTH DEPARTMENT. 


Health Officer, who shall be a regular physician, 

whose salary shall be $3,000 per annum, and who 

shall have general supervision under the direction 

of the Board of Publie Safety, over the Health 

Department, and all of its officers and employes 

herein authorized, and the following to be ap- 

pointed by the Board of Public Safety......... $ 3,000 00 
Assistant Health Officer, who shall be a regular phy- 

sician, who shall be inspector of milk and food 

and water, and whose salary shall be........... 1,800 00 
Secretary and Inspector of Contagious Diseases... 1,600 00 
Veterinary Surgeon, who shall be a graduate of a 

well recognized school, a part of whose duties 

shall be the inspection and treatment of the live- 

stock belonging to the city, whose salary shall be 1,800 00 
1 Dairy Expert and Chemist, whose salary shall 


be, per’ anniamiy ple a ee er 1,600 00 
1 Registrar and Inspector, whose salary shall be.. 900 00 
1 Bacteriologist and Chemist (qualified as both a 

bacteriologist and chemist), whose salary shall 

be; per anintim Pathe, ire. eet ee eae eee 1,600 00 
1 Assistant Bacteriologist and Chemist (qualified 

as both a bacteriologist and chemist).......... 900 00 
10 Sanitary Inspectors, at $900 per annum each.. 9,000 00 


1 Physician for the Eastern District and 1 physi- 

cian for the Western District, at $1,200 per an- 

MUM each 462.5). Mes eS aes Otay em 2,400 00 
1 Physician, to be known as Assistant City Physi- 

cian, to be a colored physician, and charged with 

the duty of ministering to the colored poor of 

the. city, salary. perannniies, ete pie cee ae 1,000 00 








20 Employes: «tx. 2 29 ae cay see ee eee eee eee $25,600 00 


had 


bd ee RE Re 


fed ek ed ped pep pp pe NO 


BOARD OF PUBLIC SAFETY. AQ 








§ 12, POUND KEEPER’S DEPARTMENT. 


Pound Keeper for Eastern District and 1 Pound 
Keeper for Western District, at $50 per month 
each, being at the rate of $600 per annum each..$ 1,200 00 


CA SET EE ee ee a Ce Pat a Oe eee # 1,200 00 





§ 13. CEMETERIES DEPARTMENT. 


Superintendent of the Portland or City Cemetery 
at $30 per month, being at the rate of $360 per 
oe TET Vi a dl ag Aa ae Laherentiee ee sew Rue. 360 OO 
Superintendent of the Western Cemetery, at $50 
per month, being at the rate of $600 per an- 
Ep USSR DES SBE iby OUR RT Dt aaa an a 600 OO 


I ee rt eT Pulls pic 5 oc kw hk gs dle ofene, + 4c Oa, OW OD 
§ 14. HOSPITAL DEPARTMENT. 


Superintendent, who shall be a qualified physi- 
aoa, Gi cs y 9 SPR oe Gee nies do Soe POU OG 


Meweatnry. gio p10 per month Aisi aw eh deck 900 00 
ree? Sb A Ceti) DET MIO UCI ASU eay oe ois cave lene Se oh e's 900 00 
Piao At boo er mong. 45 ay. 27M ead edu 420 00 
Summer at $75. per. month yak. ty Sas Pale 900 00 
Firemen at $40 per month each, being at the rate | 
Perreau noreannumoeaches SN.) ai boa os 960 O00 
MEL, soo Ter INOULI, . ly sr when Wes re woke 720 00 
Ambulance Drivers at $50 per month each, be- 

ing at the rate of ¢600 per annum each ........ 1,200 00 
feereUOOk+at so0 per: month ye sinter oo 600 O00 
Berend Cook at-.$30 per monthw ves oy ci ae Se 360 00 
eard Cook at $15; per months 3 ea. 180 00 
manors sik at $15 per*month.. 024 ee. 180 00 
Doctor’s Waiter at $20 per month............. 240 00 
Nurses’ Waitress at $15 per month.............. 180 00 
uvees VV ailvriat.¢15 permonth.. 4.04. .4% 180 00 
Orderly for el\vator at $20 per month.......... 240 00 
Orderly for da telephone at $25 per month..... 300 00 
Orderly for nignt telephone at $25 per month.... 300 00 
Orderly for public offices at $25 per month....... 300 00 
Orderly for night ward at $25 per month........ 300 00 
peamistress at’ $25 per month oi. i. oO. ee ee 300 00 
Doctor’s Chambermaid at $15 per month........ 180 00 
Nurses’ Chambermaid at $15 per month........ 180 00 


50 BOARD OF PUBLIC SAFETY. 





LeScrubber-at. $15. per monthye scene eee 
4 Scrubbers at ¢12 per month each, being at the 
rate of $144 perannum each; 4. oe eee 
Lanndryman at #00 per months...) see ene 
Head: Laundress at’ $20" per month. s,s.) oe. 
Laundresses at $15 per month each, being at the 
rate Of:9180 peanut cache wage ter chee eee 
Laundress for two days each week............ 
Nurse for male ward at $40 per month.......... 
Nurse for male colored ward at $30 per month... 
Nurse for male colored night ward at $30 per 
MOTE rains aed bie gece ee ENE OAS eee te ee 
Hostlerxat ($15 er m0 thee seen een ee 
Painter and Plasterer at $35 per month.......... 
Orderly for male surgical ward at $30 per month 
Orderly for male medical ward at $30 per 
FOOTE js Kips se oSin a eb een phate ae ee eee eee 
Orderly for day detention ward at $30 per month 
Orderly for night detention ward at $30 per 
TOOT EY oho nan Mea wise ea ae as Pe AC er Aen. bit 
Wall Cleaner‘ at $15°persmonth. 2.9). eee 
Bath Porter at-$15 per mouth =. ae ee 
Porter for kitchen at $15 per month............ 
Porter for druggist. at $15 per month............ 
Orderly for colored ward at $15 per month...... 
General utility man at $15 per month........... 
Superintendent -of Nurses": s.3s9 eee ee 
Assistant Superintendent of nurses at $75 per 
TVLOTICD © 5 a's ak cea ohare a teres cia nc a eee ne ete 
L-Surgical nurse atcgo0'perimonthvw, .2.cke eee 
JoMedicdl nurse at $60: per monty a.:. ene oe 
3 Ward maids at $15 per month each, being at the 
ratevor $180. per annum -¢ach Waeses cee eee 
25 Nurses at $5 per month each, being at the rate 
od $60" perannum ‘epeh ic. eee ee ee 
LL Patient: waitress at-$15 petimontivs ieee eae 
1 Window washer, tubercular annex, at $15 per 
MOVER a ic). a we teas ae ee ee 
Orderly for tubercular annex, at $30 per month. . 
Night male nurse, for tubercular annex, at $35 
penmonth sis .Aakee Qa a eee 
Scrubber, tubercular annex, at $15 per month... 
Additional pupil nurses, tubercular annex, at $5 
per month each, being at the rate of $60 per year 
Seullery maid, tubercular annex, at $15 per 
OREN “5 %05 Sick So che pes hibdl ee 


el sa a ee ell de OS 


bt pe 


bo pe pe pp pp 


ae 


bed 9 


BOARD OF PUBLIC WORKS. St 


1 Ward maid, male surgical ward, at $15 per month 180 00 





Ma I Ma) et WR on tas $ 25,360 00 
§ 15. ERUPTIVE HOSPITAL DEPARTMENT. 


93 Employes at 


1 Superintendent, who shall be a regular practicing 
physician and have the management of said in- 
stitution, as well as the attending physician upon 


Maueennes Oontned: thereinjan ia) Sade Jy. 00004528") 1520000 
Mee aronsdriver at) ¢30-per month: vec... eed bs. 360 00 


2 Regular nurses, when required, and additional 
nurses may be appointed by the Board of Public 
Safety in the case of an epidemic, at $30 per 


Pe eemronGien map ar. Cos it. Sea SR ROA 720 00 
ae tne eC MINOVIGI a Souk ajecaye possu: sso sieve eie cabs 4 300 00 
eamuneress ale p20 eper month. oo... ee 240 OO 
RET YY OO raat st Rad Me ki oa ek vi ew hea ea eee 2,020) OO 


§ 16. That all salaries provided for in this ordinance shall 
be payable in monthly installments on the pay roll of the de- 
partments herein mentioned, respectively, and not otherwise. 

§ 17. The ordinance approved May 27, 1902, entitled ‘‘An 
Ordinance Creating ‘a Plumbing Department in the City of 
Louisville;’’ the ordinance approved June 29, 1908, entitled 
*“An Ordinance concerning the Departments under the Board 
of Public Safety, and fixing the number, salaries and com- 
pensation of the officers and employes therein,’’ and all ordi- 
naneces and parts of ordinances in conflict herewith are hereby 
repealed. 

§ 18. That this ordinance shall take effect and be in force 
from and after its passage. 

Approved May 12, 1909. 


a 


BOARD OF PUBLIC WORKS—DEPARTMENTS AND 
SALARIES. 


AN ORDINANCE concerning the departments under the 
Board of Public Works, and fixing the number, salaries 
and compensations of the officers and employes therein. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. The following departments under the Board of Publie 


=) BOARD OF PUBLIC WORKS. 


Works are hereby created, to-wit: Office, Engineering, Su- 
pervisors, Street Cleaning and Public Baths. 

§ 2. There may be the number of officers and employes pre- 
seribed in this ordinance, and no more, in each of said depart- 
ments respectively, and their salaries and compensations shall 
be at the rate of the sums fixed and permitted by this or- 
dinance, and no more; and the pay-rolls for each of said de- 
partments shall be made up, certified, and registered for the 
approval of the General Council each month, in accordance 
with the provisions of this ordinance and not otherwise. 

§ 3. In the Office, Engineering, Supervisors, Street Clean- 
ing and Publie Baths departments there may be the following 
officers, members and employes, who shall receive salaries and 
compensations at the rates per month and per day which are 
hereinafter fixed or permitted, and no more. 


§ 4. OFFICE DEPARTMENT. 


One secretary of the Board, of Public Works, one hundred 
and twenty-five dollars ($125) per month. 

One clerk and stenographer, not more than one hundred dol- 
lars ($100) per month. 

One bookkeeper and apportionment clerk, eighty-three and. 
34-100 dollars ($83.34) per month. 

One timekeeper, seventy-five dollars ($75) per month. 


§ 5. ENGINEER’S DEPARTMENT. 


One chief engineer, two hundred and fifty dollars ($250) 
per month. 

One first assistant engineer, one hundred and twenty-five 
dollars ($125) per month. 

One expert assistant engineer, not more than one hundred 
and twenty-five dollars ($125) per month. 

One assistant engineer, not more than one hundred and 
twenty-five -dollars ($125) per month. 

Four assistant engineers, one hundred dollars ($100) per 
month each. 

One assistant engineer, eighty-three and 34-100 dollars 
($83.34) per month. 

One chief clerk to the chief engineer, one hundred dollars 
($100) per month. 

One clerk, sixty dollars ($60) per month. 

One stenographer for chief engineer, not more than seventy- 
five dollars ($75) per month. 

One draftsman, one hundred and twenty- five dollars ($125) 
per month. 

Two draftsmen, one hundred dollars ($100) per month each. 


BOARD OF PUBLIC WORKS. o> 





Four draftsmen, seventy-five dollars ($75) per month each. 

One calculator, seventy-five dollars ($75) per month. 

One assistant caleulator, fifty dollars ($50) per month. 

Four levelers, sixty dollars ($60) per month each. 

Three transitmen, fifty dollars ($50) per month each. 

Nine rodmen, forty dollars ($40) per month each. 

One superintendent of construction and repair, not more 
than one hundred and twenty-five dollars ($125) per month. 

Four assistant superintendents of construction and repair, 
one hundred dollars ($100) per month each. 

One superintendent of sewer construction and repair, one 
hundred and twenty-five dollars ($125) per month. 

One assistant superintendent of sewer construction and re- 
pair, one hundred dollars ($100) per month. 

‘One blacksmith, three dollars (#3) per day for services ac- 
tually rendered. 

One blacksmith’s helper, two dollars and twenty-five cents 
($2.25) per day for services actually rendered. 

One inspector of private drains, three dollars and fifty cents. 
($3.50) per day for services actually rendered. 

One clerk of sewers and sidewalks, eighty-three and 34-100 
dollars ($83.34) per month. 


One assistant clerk of sewers and sidewalks, seventy-five 
($75) per month. | 
One inspector of sidewalks, one hundred dollars ($100) per 

month. 

One inspector of gas and water repairs, seventy-five dol- 
lars ($75) per month. 

One inspector of cement, three dollars ($3) per day for 
services actually rendered. 

One assistant inspector of cement, two dollars and fifty 
cents ($2.50) per day for sevices actually rendered. 

One superintendent of pumps, one hundred dollars ($100) 
per month. 

One assistant superintendent of pumps, seventy-five dollars 
(¢75) per month. 

In the pumps and wells shop, one carpenter and one black- 
smith, whose salaries shall be each per day, two dollars and fifty 
cents ($2.50) for services actually rendered; two skilled la- 
borers, whose salaries shall be each per day two dollars and 
fifty cents ($2.50) for services actually rendered, and not ex- 
ceeding four laborers, whose salaries shall be each per day one 
dollar and seventy-five cents ($1.75) for services actually ren- 
dered, 

Foremen shall receive three dollars ($3) each per day for 
services actaully rendered. 


D4 BOARD OF PUBLIC WORKS. 





Stoneecutters and granite pavers shall receive a salary of not 
exceeding four dollars and fifty cents ($4.50) each per day 
(of nine hours); bowlder pavers, not exceeding three dollars 
($3.00) each day (of nine hours); rammermen, not exceeding 
three dollars ($3) each per day (of nine hours), and brick 
pavers, not exceeding three dollars ($3) each per day (of nine 
hours). 

Teams, including driver, shall be employed at not exceed- 
ing four dollars ($4) per day for services actually rendered. 


§ 6. SUPERVISOR’S DEPARTMENT. 


Not more than thirty-three (33) supervisors, whose salaries 
‘shall be each per day three dollars (#3) for services actually 
rendered. 


§ 7. STREET CLEANING DEPARTMENT. 


One superintendent, one hundred and twenty-five dollars 
$125) per month. 

One clerk, ninety-one and 67-100 dollars ($91.67) per 
‘month. 

Six foremen, seventy-five dollars ($75) per month each. 

Three assistant foremen, sixty-five dollars ($65) per month 
each. 

One stable man, seventy-five dollars ($75) per month. 

Extra foremen, fifty-two dollars ($52) per month each. 

Eight dump men, one dollar and seventy-five cents ($1.75) 
each per day for services actually rendered. 

Four catch basin men, two dollars ($2) each per day for 
services actually rendered. 

All laborers in this department shall each receive not more 
than one dollar and seventy-five cents ($1.75) per day (of nine 
hours) for the time they are actually employed at work. 

Teams, including driver, shall be employed at not exceed- 
ing four dollars (¢4) per day for services actually rendered. 


§ 8. PUBLIC BATHS DEPARTMENT. 


One superintendent, sixty-five dollyrs ($65) per month. 
One assistant superintendent, thirty dollars ($30) per 
month. 


§ 9. LABORERS. 


All laborers employed by the Board of Public Works shall 
receive not more than one dollar and seventy-five ($1.75) per 


BOND ISSUE. 5 


day (of nine hours) for services actually rendered. 

§ 10. All ordinances and parts of ordinances in conflict 
herewith are hereby repealed. 

§ 11. This ordinanee shall take effect from and after its 
passage. 

Approved March 8, 1909. 


BOND ISSUE. 


Bonds for Construction of Sewers and Purchase of Park 
Property. 


AN ORDINANCE concerning the issuance of bonds of the 
city of Louisville in the sum of five hundred thousand. 
dollars ($500,000), for the construction of sewers in the 
city of Louisville and for the acquisition of tracts of land 
for park property. 


Be wt ordained by the General Council of the city of Lowsville: 


§ 1. That for the purpose of raising money for the construc- 
tion of sewers in the city of Louisville, and for the acquisi- 
tion of the tract of land hereinafter described and other land 
for park property, in accordance with the provisions of sec- 
tion 92 of the act of the General Assembly of the Common- 
wealth of Kentucky for the government of cities of the first 
class, approved July 1, 1893, the Mayor is hereby authorized 
and directed to cause to be prepared bonds of the city of 
Louisville in the sum of five hundred thousand ($500,000) dol- 
lars, each of said bonds to be of the denomination of one thou- 
sand ($1,000) dollars, and to be dated January 1, 1901, and to 
become due and payable forty (40) years after said date, and 
to bear interest at the rate of three per cent. per annum, 
payable semi-annually by coupons attached; the principal and 
interest of said bonds to be made payable in gold coin of the 
United States of America, of the present standard weight and 
fineness, and payable at the National Bank of the Republic, 
in the city and State of New York. Said bonds shall be signed 
by the Mayor and attested by the Comptroller, and sealed witha 
the corporate seal of the city; and the name of the Comptroller 
shall be lithographed or engraved upon the coupons attached, 
and said bonds shall be numbered from one (1) to five hundred 
(500), inclusive, and shall be countersigned and registered by 
the Seeretary and Treasurer of the Sinking Fund. 


=< BOND ISSUE. 
aro 








§ 2. The said bonds shall be and shall show upon their 
naea that they are exempt from any and all forms ot taxation 
for municipal purposes by the city of Louisville, and are a 
charge upon the Sinking Fund of said city. 

§ 3. ln order to provide for the payment of the principal 
and interest of said bonds as they fall due, a tax a two (2) 
cents on each one hundred dollars’ ($100.) worth of property 
taxable for municipal purposes in the city of Louisville is 
hereby levied, and shall be collected, as other taxes, annually 
until said bonds, principal and interest, shall be fully paid. 
Said tax, when collected, shall be paid into the treasury of 
the Sinking Fund, and the excess of the fund arising from 
said levy, after paying the interest as aforesaid on said bonds, 
shall be set apart by the Commissioners of the Sinking Fund 
of the city of Louisville and safely invested so as to yield 
interest, and the sinking fund arising therefrom shall be pre- 
served and used alone for the payment of me principal of said 
bonds at maturity. 

§ 4. The issue of bonds herein eet ee to be made is 
upon the express condition that two hundred and fifty thou- 
-sand ($250,000) dollars of the proceeds of said bonds, or so 
much thereof as may be necessary, shall be used and expended 
by the Board of Park Commissioners of the city of Louisville 
exclusively for acquiring the title, by purchase, or condemna- 
tion proceedings for park property, of a certain tract of land 
‘situated in the city of Louisville, containing about eighteen 
(18) acres, commonly known as Central Park or du Pont 
Square, bounded as follows: On the east by Fourth street, 
on the north by Park avenue, on the west by Sixth street, 
and on the south by Victoria place. If there should be any of 
said proceeds remaining after the purchase of said square of 
land, said balanee shall be used for the purchase of other in- 
terior property for park purposes. 

The proceeds of the other two hundred and fifty thousand 
‘dollars ($250,000) of said bonds shall be used and expended, 
under the supervision of the Board of Public Works of the 
elty of Louisville, in the construction of such sewers in the 
city of Louisville as may be provided for by ordinance as 
hereinafter expressed. 

§ 5. At the November election, in the year 1900, there 
‘shall be submitted, as required by law, to the qualified voters 
of the city of Louisville, the question as to whether the city 
‘shall issue said bonds, and the said bonds shall not be issued 
‘unless at said election two-thirds of those voting on the said 
‘question shall vote in favor of the issuance of said bonds 
‘as herein provided. 


BOND ISSUE. 


~] 


Or 





In the event that two-thirds of those voting on said ques- 
tion, at said election, shall vote in favor of the issuance of 
said bonds, the fact that they have done so shall be certified 
to by the Mayor. upon said bonds, and the said bonds shall 
then, but only in that event, be issued by the city, and two 
hundred and fifty thousand (250,000) dollars thereof de- 
livered by the Mayor to the Board of Park Commissioners 
of the city of Louisville, and so much thereof as may be neces- 
sary shall be, by the said Board of Park Commissioners of 
the city of Louisville, sold and disposed of at not less than 
par, for the purpose of the acquisition of the said herein- 
before described tract of land for park property, and the 
remainder, if any, to be used for the purchase of other interior 
property for park purposes; the other two hundred and fifty 
thousand ($250,000) dollars of said bonds shall be delivered 
to and be held by the Treasurer of the city of Louisville, and 
shall be so held by him until ordered to be sold by resolution 
of the General Couneil of the city of Louisville. The said 
bonds shall not be sold or disposed of at less than par, and 
when sold the proceeds of said bonds shall be used and ex- 
pended, under the supervision of the Board of Public Works 
of the city of Louisville, in the construction of such sewers in 
the city of Louisville, as may be provided by ordinance passed 
by the General Council of the city of Louisville. 

§ 6. This ordinance shall take effect from its passage. 

Approved October 17, 1900. 


BOND ISSUE—SEWER CONSTRUCTION. 


AN ORDINANCE cconcerning the issuance of bonds of the 
eity of Louisville in the sum of four million dollars for 
the construction of a comprehensive system for the dis- 
position of sewerage. | 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That in order to raise money for the construction of 
a comprehensive. system for the disposition of sewerage, as 
provided in an act of the General Assembly of the Common- 
wealth of Kentucky, approved February 19, 1906, and en- 
titled, ‘‘An act to enable cities of the first class to construct 
a comprehensive system for the disposition of sewerage,’’ the 
Mayor be, and he is hereby authorized and directed to cause 


58 BOND ISSUE. 


to be prepared bonds of the city of Louisville in the sum of 
four million ($4,000,000) dollars, each of said bonds to be of 
the denomination of one thousand ($1,000) dollars, and to be 
dated February 1, 1907, and to become due and payable forty 
(40) years after said date, and to bear interest at the rate 
of four (4) per cent. per annum, payable semi-annually, for 
which interest coupons shall be attached to said bonds; the 
prineipal and interest of said bonds to be made payable in 
gold coin of the United States of America, of the present 
standard weight and fineness, and negotiable and payable to 
bearer, at the First National Bank of the city of New York, 
in the State of New York; said bonds shall be signed by the 
Mayor and attested by the Comptroller, and sealed with the 
proper seal of the city of Louisville; but the interest coupons 
attached to said bonds shall be authenticated alone by the 
engraved signature of the Comptroller, the bonds to be num- 
bered from one (1) to four thousand (4,000), both inclusive, 
and countersigned and registered by the Secretary and Treas- 
urer of the Commissioners of the Sinking Fund of the city 
of Louisville. 

§ 2. The said bonds shall be, and shall show upon their 
face that they are, exempt from any and all forms of taxation 
for municipal purposes of the city of Louisville, and they 
shall be a charge upon the Sinking Fund of the city of Louis- 
ville. 

§ 3. In order to pay the principal and interest of said 
bonds as and when they shall mature, there is hereby levied 
on all property subject to municipal taxation in the city of 
Louisville, and ordered to be collected, for the fiscal year end- 
ing August 31, 1907, a tax sufficient to raise the sum of sixty- 
five thousand seven hundred and eight (¢65,708) dollars; and 
for the fiscal year ending August 31, 1908, a tax sufficient to 
raise the sum of one hundred and fifteen thousand seven hun- 
dred and eight ($115,708) dollars; and for the fiscal year 
ending August 31, 1909, a tax sufficient to raise the sum of 
one hundred and seventy-five thousand and seven hundred 
and eight ($175,708) dollars; and for the fiscal year ending 
August 31, 1910, and for each fiscal year thereafter, until 
both the principal and interest of said bonds shall be fully 
paid off and discharged, or until a fund sufficient to do so 
has been accummulated, a tax sufficient to raise the sum of two 
hundred and five thousand seven hundred and eight ($205,708) 
dollars. The said taxes when collected shall be paid into the 
treasury of the Commissioners of the Sinking Fund of the 
city of Louisville, and the excess of the fund arising from 
sald tax levy, after paying the interest on said bonds as 


BOND ISSUE. 59 


aforesaid, shall be set apart by the Commissioners of the 
Sinking Fund of the City of Louisville and safely invested 
so as to yield interest, and the fund arising therefrom shall 
be preserved and used for the payment of the principal of 
said bonds at maturity, and for no other purpose. 

§ 4.The issue of said bonds herein authorized shall be up- 
on the express condition that the same shall be delivered, when 
executed as aforesaid, to the Commissioners of Sewerage of 
Louisville, to be by them sold at not less than par, and the 
proceeds thereof (not including any premium that may be 
obtained thereon) to be used by said Commissioners in the 
eonstruction of a comprehensive system for the disposition of 
sewerage of the city of Louisville under the provisions of the 
aforesaid act of the General Assembly of the Commonwealth 
of Kentucky, and for no other purpose, and the premium, if 
any, realized upon the sale of said bonds, shall be turned dver 
to the Commissioners of the Sinking Fund of the city of Louis- 
ville and constitute a part of the Sinking Fund for the ulti- 
mate retirement of said bonds. Not more than one million 
($1,000.000) dollars face value of said bonds shall be sold and 
delivered to the purchaser during the fiseal year ending Au- 
gust 31, 1907, and not more than an additional one million 
five hundred thousand ($1,500,000) dollars face value of said 
bonds shall be sold and delivered to the purchaser during 
the fiscal year ending August 31, 1908. The remaining one 
million five hundred thousand ($1,500,000) dollars face value’ 
of said bonds may be sold and delivered to the purchaser at 
any time after said last mentioned period. All interest cou- 
pons that are past due at the date of the sale of any of said 
bonds shall be first eut off and delivered to the Commis- 
sioners of the Sinking Fund of the city of Louisville for can- 
cellation. 

§ 5. That at the general election, to be held on November 
6, 1906, there shall be submitted, as required by law, to the 
qualified voters of the city of Louisville the question as to 
whether the city of Louisville shall issue said bonds for the 
purposes aforesaid. as provided for in this ordinance, and none 
of said bonds shall be prepared or issued unless at said elec- 
tion two-thirds of those voting on the said question shall 
vote in favor of the issuance of said bonds, as provided for 
in this ordinance; but in the event it shall be duly ascertained, 
and certified, as required by law, that two-thirds of those vot- 
ing on said question at said election voted in favor of the 
issuance of said bonds for the purposes aforesaid, as provided 
for by this ordinance, the fact that they have done <o shall he 
certified to by the Mayor upon the face of said bonds, which 


G0. BONDS REFUNDING. 








bonds shall then, and only in that event, be used and delivered 
to the Commissioners of Sewerage of Louisville, to be by them 
sold, and the proceeds appled.as aforesaid. 

§ 6. On each ballot which shall be prepared for use in the 
city of Louisville at the general election on November 6, 1906, 
there shall be printed the following question or proposition 
required to be submitted to the qualified voters of the city 
of Louisville by this ordinance, viz: ‘‘Are you in favor of 
the issue by the city of Louisville of bonds for four million 
(¢4,000,000) dollars; as provided in Ordinance No. —, Series 
1906, to be used under an act of the General Assembly of 
the Commonwealth of Kentucky, and entitled ‘An act to .en- 
able cities of the first class to construct a comprehensive sys- 
tem for the disposition of sewerage,’ approved February 19, 
1906,’’ and the Mayor is hereby authorized and directed to 
give public notice of the time, place and purpose. of the elec- 
tion upon said question or proposition for at least ten (10) 
days (exclusive of Sundays) prior to the day of election, in 
each of the daily morning and afternoon papers published 
in the city of Louisville, in which notice this ordinance shall 
be embodied. 

§ 7. This ordinance shall take effect from and after its 
passage. 

Approved October 2, 1906. 





BONDS—REFUNDING. 


AN ORDINANCE authorizing the refunding of certain bonds 
of the city of Louisville, which are a charge upon the 
Sinking Fund of the city of Louisville. 


WHEREAS, It has been certified to the General Council 
of the city of Louisville by the Board of Commissioners of 
the Sinking Fund of the city of Louisville that the revenue 
and available assets of the Sinking Fund will be insufficient 
without unduly impairing the same, to pay when due the fol- 
lowing coupon bonds, which are a charge upon the Sinking 
Fund, to-wit: Four hundred and nintey-nine (499) bonds of 
the city of Louisville, issued to the Louisville Water Company, 
each for the sum of one thousand ($1,000) dollars, all dated 
July 1, 1867, and due July 1, 1897, bearing interest at the rate 


BONDS 





REFUNDING. 61 





of six per centum per annum from that date until paid; there- 
fore, : 


Be it ordained by the General Vouncil of the city of Louisville: 


§ That the Mayor of the city of Louisville be and he is 
hereby authorized and directed to cause to be prepared, as soon 
as possible, so many coupon bonds of the city of Louisville 
as may be necessary, when sold, to pay off and refund when 
due said four hundred and ninety-nine thousand dollars of 
bonds hereinbefore mentioned; said bonds to be sold at not less 
than par, said bonds to be of the denomination of one thou- 
sand dollars each, with interest from date until paid at the 
rate of four per centum per annum, payable semi-annually, 
the gales of interest to be represented by coupons attached to 
said bonds; said bonds to be numbered respectively from one 
to the maximum number of said bonds issued inclusive; the 
principal and interest of said bonds to be payable in gold coin 
of the United States of the present standard of weight and 
fineness at the National Bank of the Republic, New York City. 
Said bonds shall each be signed by the Mayor and sealed with 
the corporate seal of the city of Louisville, countersigned by 
the Auditor of the city, registered and countersigned by the 
Secretary and Treasurer of the Sinking Fund; the coupons 
shall bear the engraved fae similie signature of the Auditor 
of the city alone; said bonds shall bear date of July 1, 1897, 
and shall be payable forty years from their date. Said bonds 
when prepared, shall be delivered by the Mayor to the Com- 
missioners of the Sinking Fund of the city of Louisville, and 
by said Commissioners of the Sinking Fund to be disposed of 
as authorized by law. With the proceeds of sale the Com- 
missioners of the Sinking Fund of the city of Louisville shall 
pay off and extinguish, when due, the four hundred and ninety- 
nine bonds of the city of Louisville to the Louisville Water 
Company, each for the sum of one thousand dollars, all dated 
July 1, 1867, and due July 1, 1897, bearing interest at the 
rate of six per centum per annum from date until paid. The 
purchaser of said bonds to be in no wise charged with the 
enforcement of the whole or any part of this trust. 

§ 2. The bonds herein provided for shall be a charge upon 
the Sinking Fund of the city of Louisville, and the Commis- 
sioners thereof shall receive the tax herein provided for the 
payment of the principal and interest of said bonds when due. 

§ In order to provide for the nayment of the principal 
and interest of said bonds, when dre. a tax of three cents 
on each one hundred dollars worth of property in the city of 


62 BON DS—REFUNDING. 








Louisville, which is lable by law to be taxed, is 
hereby ordered to be levied and collected annually, until said 
bonds, principal and interest, are fully paid off and discharged. 

§ 4. The ordinance entitled, ‘‘An ordinance authorizing 
the refunding of certain bonds of the city of Louisville, which 
are a charge upon the Sinking Fund of the city of Louisville,’’ 
approved April 9, 1897, and published April 10, 1897, is here- 
by repealed. 

§ 5. This ordinance shall take effect from and after its pub- 
‘theation. 

Approved June 25, 1897. 


BONDS—REFUNDING. 


AN ORDINANCE authorizing the refunding of certain bonds 
of ‘the city of Louisville, which are a charge upon the 
Sinking Fund of the city of Louisville. 


WHEREAS, It has been certified to the General Council 
of the city of Louisville, by the Board of Commissioners of 
the Sinking Fund of the city of Louisville, that the revenue 
and available assets of the Sinking Fund will be insufficient, 
without duly impairing the same, to pay when due, the fol- 
lowing coupon bonds, which are a charge upon the Sinking 
Fund, to-wit: 

Four hundred and ninety (490) bonds of the city of Louis- 
ville, issued to pay old liabilities, each for the sum of one thou- 
sand ($1,000) dollars, all dated May 1, 1880, and due May 1, 
1920, with option of redemption after twenty years, bearing 
interest at the rate of five per cent. per annum, payable semi- 
annually, from their date until paid, said bonds being com- 
monly known as the city of Louisville five per cent. 20-40’s; 
therefore, 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the Mayor of the city of Louisville be. and he 
is hereby authorized and directed to cause to be prepared, as 
soon as practicable, so many coupon. bonds of the city of Louis- 
ville as may be necessary. when sold, to pay off and refund - 
as of May 1, 1900, said four hundred and ninety thousand 
(£490,000) dollars of bonds hereinbefore mentioned; said re- 
funding bonds to be sold at not less than par and accrued in- 
terest; to be of the denomination of one thousand (£1,000) 





BONDS REFUNDING. 63. 





dollars each, with interest from their date until paid, at the 
rate of three and one-half (314) per centum per annum, pay- 
able semi-annually; the gales of interest to be represented by 
coupons attachd to said bonds, which shall be numbered con- 
secutively from one to the maximum number of said bonds 
issued, inclusive; the principal and interest of said bonds to 
by payable in gold coin of the United States of America of the 
present standard of weight and fineness, at the National Bank 
of the Republic in New York City. Said bonds shall be 
signed by the Mayor and sealed by the corporate seal of the 
eity of Louisville, countersigned by the Comptroller of the 
city, registered and countersigned by the secretary and treas- 
urer of the Sinking Fund; the coupons shall bear the engraved 
fae simile signature of the Comptroller of the city alone. Said 
bonds shall bear date May 1, 1900; shall be payable forty (40) 
years from their date; shall be, and shall show upon their 
face that they are exempt from any and all forms of taxa- 
tion for municipal purposes by the city of Louisville by rea- 
son of any present or future law or laws of said city, and 
shall be styled and known as ‘‘City of Louisville Refunding 
Gold Bonds, Third Issue.”’ 

Said bonds, when prepared, shall be delivered by the Mayor 
to the Commissioners of the Sinking Fund of the city of Louis- 
ville, to be by them sold or exchanged, as they may deem most 
expedient, in order to retire the bonds aforesaid. With the 
proceeds of the sale the Commissioners of the Sinking Fund 
of the city of Louisville shall call in, pay off, and extinguish 
the said four hundred and ninety (490) bonds of the city of 
Louisville, issued to pay old liabilities, each for the sum of one 
thousand ($1,000) dollars, all dated May 1, 1880, and due May 
1, 1920, with option of redemption twenty (20) years after 
issuance, bearing interest at the rate of five (5) per centum 
per annum, payable semi-annually from their date until paid. 
The purchasers of said refunding bonds are in no wise to be 
charged with the enforcement of the whole or any part of this 
trust. 

§ 2. The bonds herein provided for shall be a charge upon 
the Sinking Fund of the city of Louisville, and the Commis- 
sioners thereof shall receive the tax herein provided for the 
payment of the interest and principal of said bonds when due. 

§ 3. That in order to provide for the payment of the prin- 
cipal and interest of the bonds herein authorized to be is- 
sued, when due, a tax of two cents on each one hundred ($100) 
dollars worth of property in the city of Louisville, Hable by 
law to be taxed, is hereby ordered to be levied and collected 
annually until said bonds, principal and interest, are fully 


REFUNDING. 





64 BONDS 








paid off and discharged. The fund arising from this levy shall 
ve first applied to the payment of the interest on the refund- 
ing bonds hereby authorized, and the remainder of said fund 
shall be securely and profitably invested by the Commissioners 
of the Sinking Fund, to be sacredly applied to the payment of 
the principal of said refunding bonds at maturity, and to no 
other purpose. 

§ 4. That this ordinance shall take effect from and after its 
passage. 

Approved March 21, 1900. 





BONDS—REFUNDING. 


AN ORDINANCE authorizing the refunding of certain bonds 
of the city of Louisville, which are a charge upon the 
Sinking Fund of the city of Louisville. 


WHEREAS, It has been certified to the General Council 
of the City of Louisville by the Board of Commissioners of 
the Sinking Fund of the city of Louisville that the revenue 

and available assets of the Sinking Fund will be insufficient 
~ without unduly impairing the same, to pay when due the fol- 
lowing coupon bonds, which are a charge upon the Sinking 
Fund, to-wit: 

First—One hundred and nineteen (119) old lability bonds, 
each for the sum of one thousand ($1,000) dollars all dated 
April 1, 1871, and due April 1, 1901, aggregating one hundred 
and nineteen thousand ($119,000) dollars, bearing interest at 
the rate of seven (7) per cent. per annum from date until paid. 

Second—Four hundred and twenty-three (423) sewer im- 
provement bonds, each for the sum of one thousand ($1,000) 
dollars, all dated June 1, 1871, and due June 1, 1901, aggregat- 
ing four hundred and twenty-three thousand (#423,000) dol- 
tars, bearing interest at the rate of seven (7) per cent. per 
«annum from date until paid. 

Third—One hundred and fifty (150) road-bed bonds, each 
for the sum of one thousand ($1,000) dollars, all dated July 
1, 1871, and due July 1, 1901, aggregating one hundred and 
fifty thousand ($150,000) dollars, bearing interest at the rate 
of seven (7) per cent, per annum until paid; now, therefore, 


Le it ordained by the General Council of the city of Lowsville: 


§ 1. That the Mayor of the city of Louisville be and he is 





BONDS REFUNDING. 65> 


hereby authorized and directed to cause to be prepared, as soom 
as practicable, so many coupon bonds of the city of Louisville 
as may be necessary, when sold, to pay off and refund as of 
April 1, 1901, the one hundred and nineteen (119) thousand. 
dollars ot bonds herein above mentioned, so many coupon 
bonds of the city of Louisville as may be necessary, whem 
sold, to pay off and refund as of June 1,°1901, the four hun- 
dred and twenty-three (423) thousand dollars of bonds herein- 
above mentioned; and so many coupon bonds of the city of 
Louisville as may be necessary, when sold, to pay off and re- 
fund as of July 1, 1901, the one hundred and fifty thou- 
sand dollars of bonds hereinabove mentioned. The said re- 
funding bonds shall not be sold at less than par and accrued. 
interest; each of them shall be of the denomination of one- 
thousand ($1,000) dollars, and shall bear interest from its 
date until paid at the rate of three and one-half (314) per- 
cent. per annum, payable semi-annually; the gales of interest 
to be represented by coupons attached to said bonds, which. 
shall be numbered consecutively from one to the maximum. 
number of said bonds issued, inclusive, to refund the said three- 
sets of bonds, respectively; the principal and interest cou- 
pons of said refunding bonds shall be negotiable and payable- 
to bearer in gold coin of the United States of America, of the 
present standard of weight and fineness, at the National Bank 
of the Republic, in the city and State of New York. All of 
said bonds shall be signed by the Mayor, and sealed with 
the corporate seal of the city of Louisville, countersigned by 
the Comptroller of the city, registered and countersigned by 
the seeretary and treasurer of the Sinking Fund of the city 
of Louisville; the coupons shall bear the engraved fac simile 
signature of the Comptroller of the city alone. Said bonds: 
issued to take up and refund said one hundred and nineteerm 
(119) bonds of the city dated April 1, 1871, shall be dated’ 
April 1, 1901; said bonds issued to take up and refund said’ 
four hundred and twenty-three (423) bonds of the city dated 
June 1, 1871, shall be dated June 1, 1901; and said bonds: 
issued to take up and refund said one hundred and fifty (150) 
bonds of the city dated July 1, 1871, shall be dated July 1,; 
1901. All of said refunding bonds shall be payable forty (40) 
years from their respective dates; shall be, and shall show om 
their face, that they are exempt from all forms of taxatior 
for municipal purposes by the city of Louisville by reasom 
of any present or future law or laws of said city, and shall be 
styled and known as ‘‘City ‘of Louisville Refunding Gold 
Bonds, Fourth, Fifth and Sixth Issue,’’ respectively. 


GG BON DS—REFUNDING. 


§2. That said bonds, when prepared, shall be delivered by 
the Mayor to the Commissioners of the Sinking Fund of the 
ity of Louisville, to be by them sold or exchanged, as they 
‘may deem most expedient, in order to retire the bonds matur- 
ang as aforesaid on April 1, June 1 and July 1, 1901, respee- 
‘tively. With the proceeds of the sale of said refunding bonds 
the Commissioners of the Sinking Fund of the city of Louis- 
ville shall call in, pay off, and extinguish the said bonds of 
the city maturing at the said dates respectively as herein above 
set forth. The purchasers of said refunding bonds are in no 
wise to be charged with the enforcement of the whole or any 
part of this trust. The refunding bonds herein provided for 
shall be a charge upon the Sinking Fund of the city of Louis. 
ville, and the Commissioners thereof shall receive the tas 
‘herein provided for the payment of the interest and principal 
of said refunding bonds when due respectively. 

§ 3. That in order to provide for the payment, when due, 
of the principal and interest of the bonds herein authorized 
to be issued to take up and refund said one hundred and 
mineteen (119) bonds due April 1, 1901, a tax of four-tenths 
(4-10) of one cent on each one hundred dollars worth of 
“property in said city, lable by law to be taxed, is hereby 
ordered to be levied and collected annually until said bonds, 
‘principal and interest, are fully paid off and discharged. 

§ 4. That in order to provide for the payment, when due, 
of the principal and interest of the bonds herein authorized 
to be issued to take up and refund said four hundred and 
twenty-three (423) bonds due June 1, 1901, a tax of one and 
“seven-tenth (1 7-10) cents on each one hundred dollars’ worth 
of property in said city, liable by law to be taxed, is hereby 
«ordered to be levied and collected annually until said bonds, 
principal and interest, are fully paid off and discharged. 

§ 5. That in order to provide for the payment, when due, 
of the principal and interest of the bonds herein authorized 
‘to be issued to take up and refund said one hundred and fifty 
{150) bonds due July 1, 1901, a tax of six-tenths (6-10) of 
one cent on each one hundred dollars worth of property in 
said city, liable by law to be taxed, is hereby ordered to be 
fevied and collected annually until said bonds, principal and 
interest, are fully paid off and discharged. 

§ 6. That the respective funds arising from the levies made 
‘by the provisions of sections 3, 4 and 5 of this ordinance, shall 
‘be first applied to the payment of the interest on the respective 
refunding bonds for the payment of which and the interest 
‘thereon such levy is hereby made, and the remainder of the 
-said fund shall be securely and profitably invested by the Com- 


BONDS——REFUNDING. 65 


missioners of the Sinking Fund, to be sacredly applied to the 
payment of the principal of said refunding bonds respectively. 
at maturity, and to no other purpose. 
§ 7. That this ordinance shall take effect from its passage- 
Approved February 2, 1901. 


BONDS—REFUNDING. 
AN ORDINANCE authorizing the refunding of certain bonds: 


of the city of Louisville, which are a charge upon the- 
Sinking Fund of the city of Louisville. 


Whereas, It has been certified to the General Council of 
the city of Louisville by the Board of Commissioners of the 
Sinking Fund of the city of Louisville, that the revenue and. 
available assets of the said Sinking Fund will be insufficient,. 
without unduly impairing the same, to pay when due the fol-- 
lowing coupon bonds, which are a charge upon the said Sink- 
ing Fund, to-wit: Nine hundred and ninety-eight (998) Eliza-- 
bethtown and Padueah railroad subscription bonds, all dated. 
January 1, 1873, and due January 1, 1903, bearing interest at. 
the rate of seven (7) per centum per annum, payable semi- 
annually, from date until paid; therefore, 


Be it ordained by the General Council of the city of Louvisville> 


§ 1. That the Mayor of the city of Louisville be, and he is: 
hereby authorized and directed to cause to be prepared, as 
soon as practicable, so many coupon bonds of the city of 
Louisville as may be necessary when sold to pay off and re- 
fund as of January 1, 1903, said nine hundred and ninety 
eight thousand ($998,000) dollars of bonds hereinbefore men-- 
tioned, said refunding bonds to be sold at not less than par- 
and accrued interest; to be of the denomination of one thou-- 
sand ($1,000) dollars each, with interest from their date until 
paid at the rate of three and one-half (3%) per centum per 
annum, payable semi-annually; the gales of interest to be 
represented by coupcns attached to said bonds, which shalF 
be numbered consecutively from one (1) to the maximum num-— 
ber of said bonds issued, inclusive; the principal and interest: 
of said bonds to be negotiable and payable to bearer in gold 
coin of the United States of America of the present standard 
of weight and fineness at the First National Bank of the city 
of New York in the State of New York. Said bonds shall be 


G68 BONDS—REFUNDING. 


signed by the Mayor and sealed with the corporate seal of the 
eity of Louisville, countersigned by the Comptroller of the city, 
registered and counter-signed. by the secretary and treasurer 
of the said Sinking Fund; the coupons shall bear the engraved 
fac-simile of the signature of the Comptroller of the city alone. 
‘Said bonds shall bear date of January 1, 1903; shall be payable 
forty (40) years from their date; shall be, and shall show upon 
their face that they are, exempt from any and all forms of 
taxation for municipal purposes by the city of Louisville by 
reason of anx present or future law or laws of said city, and 
shall be style! and known as ‘‘City of Louisville Refunding 
Gold Bonds, & venth Issue.’’ 

§ 2. Said . »nds, when prepared, shall be delivered by the 
Mayor to the >mmiss} hérs of the Sinking Fund of the city 
of Louisville, to be by them sold or exchanged, as they may 
deem most expedient, at the highest price obtainable, in order 
‘to retire the bonds aforesaid. With the proceeds of the sale 
of said bonds the Commissioners of the Sinking Fund of the 
city of Louisvile shall call in, pay off, and extinguish the said 
nine hundred and ninety-eight (998) bonds of the city of 
Louisville issued to pay the subscription of the city of Louis- 
ville to the Elizabethtown and Paducah Railroad Company, 
each for the sum of one thousand ($1,000) dollars, all dated 
January 1, 1873, and due January 1, 1903, bearing interest at 
the rate of seven (7) per cent. per annum, payable semi-an- 
‘nually from their date until paid. The purchasers of said re- 
funding bonds are in no wise to be charged with the enforee- 
‘ment of the whole or any part of this trust. 

The bonds herein provided for shall be a charge upon the 
said Sinking Fund of the city of Louisville, and the Commis- 
ssioners thereof shall receive the tax herein provided for the 
payment of the interest and principal of said bonds when due. 

§ 3. That in order to provide for the payment of the in- 
terest and - ‘nal of the bonds herein authorized to be - 
issued when at'¢ a tax of three and three-fourths (3%) cents 
on each one hundred ($100) dollars’ worth of property in 
tthe city of Louisville liable by law to be taxed is hereby or- 
dered to be levied and collected annually until said bonds, 
principal and interest, are fully paid off and discharged, or 
until a fund su ficient to do so has been accumulated. The 
fund arising f wm this levy shall be first applied to the pay- 
‘ment of the int ‘est on the refunding bonds hereby authorized, 
and the remai. Jer, of said fund shall be securely and profit- 
ably invested by the Commissioners of said Sinking Fund to 
be sacredly appled to the payment of the principal of said 
‘refunding bonds at maturity and to no other purpose. 


BONDS——REFUNDING. 69 


§ 4. That said ordinance shall take effect from and after 
its passage, 
Approved August 8, 1902. 


BONDS—REFUNDING. 


AN ORDINANCE authorizing the refunding of certain bonds 
of the city of Louisville, which are a chatge upon the 


Sinking Fund of the city of Louisville. ? 
yi 

Whereas, It has been certified ic the Gey ‘al Council of 
the city of ‘Louisville by the Board ot Commissioners of the 
Sinking Fund of the city of Louisville that tue revenue and 
available assets of the said Sinking Fund will be insufficient, 
without unduly impairing the same, to pay when due, the 
following coupon bonds, which are a charge upon the Sinking 
Fund, to-wit: 

Two hundred (200) City Hall bonds, each for the sum of 
one thousand ($1,000) dollars, all dated April 1, 1873, and 
due April 1, 1903, aggregating two hundred thousand 
($200,000) dollars, bearing interest at the rate of seven (7) per 
cent. per annum, payable semi-annually, from their date until 
paid; two hundred (200) Road Bed bonds, each for the sum 
of one thousand ($1,000) dollars, all dated July 1, 1873, and 
ae ily“ 1° 1903," agg regating two hundred thousand 
($200,000) dollars, bearing interest at the rate of seven (7) 
per cent. per annum, payable semi-annually, from their date 
until paid; and six hundred (600) Reconstruction bonds, each 
for the sum of one thousand ($1,000) dollars, all dated July 
1, 1873, and due July 1, 1903, aggregating six hundred thou- 
sand ($600,000) dollars, bearing interest at the a of seven 
(7) per cent. per annum, payable semi-anriua’,, from their 
date until paid; therefore, 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That the Mayor of the city of Louisville be and he 
is hereby authorized and directed to cause to »e prepared, as 
soon as practicable, so many coupon bonds of th! city of! Louis- 
ville as may be necessary, When sold, to pay of°and refund as 
of April Tt, 1903, said two hundred thousand ($200,000) dol- 
lars of bonds hereinbefore mentioned, maturing at that date; 
said refunding bonds to be sold at not less than par and’ ae- 
erued interest; fifty thousand ($50,000) dollars -f which to be 


70 BON DS——-REFUNDING. 





of the denomination of one hundred ($100) dollars each, and 
the remainder of said bonds necessary, when sold, to pay off 
the remainder of said two hundred thousand ($200,000) dol- 
lars of bonds maturing on April 1, 1903, shall be of the de- 
nomination of five hundred ($500) dollars each, all of which 
bonds shall bear interest from their date until paid at the 
rate of three and one-half (3144) per centum per annum, pay- 
able semi-annually; the gales of interest to be represented by 
coupons attached to said bonds, which shall be numbered con- 
secutively from one (1) to the maximum number of said bonds 
issued, inclusive; the principal and interest of said bonds to 
be negotiable and payable to bearer in gold coin of the 
United States of America of the present standard of weight 
and fineness, at the First National Bank of the city of New 
York, in the State of New York. Said bonds shall be signed 
by the Mayor and sealed with the corporate seal of the city 
of Louisville, countersigned by the Comptroller of the city, 
registered and countersigned by the secretary and treasurer 
of said Sinking Fund; the coupons shall bear the engraved 
fac-simile of the signature of the Comptroller of the city alone. 
Said bonds shall bear date April 1, 1903; shall be payable forty 
(40) years from their date, and shall be, and show upon their 
face that they are, exempt from any and all forms of taxa- 
tion for municipal purposes by the city of Louisville by rea- 
son of any present or future law’ or laws of said city, and 
shall be styled and known as ‘‘City of Louisville Refunding 
Gold Bonds, Eighth Issue.’’ 


§ 2. That the Mayor of the city of Louisville be and he 
is hereby authorized and directed to cause to be prepared, as 
soon as practicable, so many coupon bonds of the city of Louis- 
ville as may be necessary, when sold, to pay off and refund as 
of July 1, 1903, said two hundred (200) and said six hundred 
(600) bonds, making in all eight hundred thousand ($800,000) 
dollars of bonds hereinbefore mentioned, maturing at that 
date; said refunding bonds to be sold at not less than par and 
accrued interest; to be of the denomination of one thousand 
($1,000) dollars each, with interest from their date until paid 
at the rate of three and one-half (814) per centum per annum, 
payable semi-annually; the gales of interest to be represented 
by coupons attached to said bonds which shall be numbered 
consecutively from one (1) to the maximum number of said 
bonds issued, inclusive; the principal and interest of said bonds 
to be negotiable and payable to bearer in gold coin of the 
United States of America of the present standard of weight 
and fineness at the First National Bank, of the city of New 
York, in the State of New York. Said bonds shall be signed 


BONDS——REFUNDING. AL 


by the Mayor and sealed by the corporate seal of the city of 
Louisville, countersigned by the Comptroller of the city, regis- 
tered and countersigned by the secretary and treasurer of 
said Sinking Fund; the coupons shall bear the engraved /fac- 
simile of the signature of the Comptroller of the city alone. 
Said bonds shall bear date July 1, 1903; shall be payable forty 
(40) years from their date; shall be, and shall show upon their 
face that they are exempt from any and all forms of taxa- 
tion for municipal purposes by the city of Louisville by reason 
of any present or future law or laws of said city, and shall be 
styled and known as ‘‘City of Louisville Refunding Gold 
Bonds, Ninth Issue.’’ 

§ 3. All of said bonds provided for in section 1 of this 
ordinance, when prepared, shall be delivered by the Mayor to 
the Commissioners of the Sinking Fund of the city of Louis- 
ville, to be by them sold or exchanged as they may deem most 
expedient, at the highest price obtainable in order to retire 
the two hundred (200) bonds aforesaid maturing on April 1, 
1903. With the proceeds of the sale of said bonds the Com- 
missioners of the Sinking Fund of the city of Louisville shall 
pay off, and extinguish said two hundred (200) bonds of the 
eity of Louisville issued to pay City Hall expenses, each for 
the sum of one thousand ($1,000) dollars, all dated April 1, 
1873, and due April 1, 1903, bearing interest at the rate of 
seven (7) per cent. per annum, payable semi-annually, from 
their date until paid. The purchasers of said refunding bonds 
are in no wise to be charged with the enforcement of the 
whole or any part of this trust. 

§ 4. The said bonds provided for in section 2 of this or- 
dinance, when prepared, shall be delivered by the Mayor to 
the Commissioners of the Sinking Fund of the city of Louis- 
ville, to be by them sold or exchanged as they may deem most 
expedient, at the highest price obtainable in order to retire the 
two hundred (200) bonds known as the Road Bed bonds, and 
six hundred (600) bonds known as Reconstruction bonds, ma- 
turing as aforesaid on July 1, 1903. With the proceeds of 
said sale of said bonds the Commissioners of the Sinking Fund 
of the City of Louisville shall pay off, and extinguish the said 
two hundred (200) bonds and six hundred (600) bonds, mak- 
ing in all eight hundred (800) bonds of the city of Louisville 
issued to pay expenses for road bed and reconstruction, each 
for the sum of one thousand ($1,000) dollars, all dated July 1, 
1873, and due July 1, 1903, bearing interest at the rate of seven 
(7) per cent. per annum, payable semi-annually, from their 
date until paid. The purchasers of said refunding bonds are 


BON DS—REFUNDING. 





~1 
bo 








in nowise to be charged with the enforcement of the whole or 
any part of this trust. 

§ 5. That all of the bonds when provided for shall be a 
charge upon the Sinking Fund of the city of Louisville, and 
the Commissioners thereof shall receive the tax herein pro- 
vided for the payment of interest and principal of said bonds, 
ies Na 2 when due. 

§ 6. That in order to provide for the payment of the in- 
Pace and principal of the bonds, when due, herein author- 
ized to be issued by section 1 of this ordinance, a tax of eight- 
tenths (8-10) of one (1) cent on each one hundred ($100) dol- 
lars’ worth of property in the city of Louisville, hable by law 
to be taxed, is hereby ordered to be levied and collected an- 
nually until said bonds, principal and interest, are fully paid 
off and discharged, or until a fund sufficient to do so has 
been accumulated for that purpose. The fund arising from 
this levy shall be first appled to the payment of the interest 
on the refunding bonds hereby authorized in said section, and 
the remainder of said fund shall be securely and profitably in- 
vested by the Commissioners of said Sinking Fund, to be sa- 
credly applied to the payment of the principal of said refund- 
ing bonds at maturity, and to no other purpose. 

§ 7. That in order to provide for the payment of the in- 
terest and principal of the bonds, when due, herein authorized 
to be issued by section 2 of this ordinance, a tax of three and 
two-tenths (8 2-10) cents on each one hundred (100) dollars’ 
worth of property. in the city of Louisville, hable by law to 
be taxed, is hereby ordered to be levied and collected annually 
until said bonds, principal and interest, are fully paid off and 
discharged, or until a fund sufficient to do so has been aceu- 
mulated for that purpose. The fund arising from this levy 
shall be first applied to the payment of the interest on the 
refunding bonds hereby authorized in said section, and the re- 
mainder of said fund shall be securely and profitably invested 
by the Commissioners of said Sinking Fund, to be sacredly 
applied to the payment of the principal of said bonds at ma- 
turity, and to no other purpose. 

§ 8. That this ordinance shall take effect from and after 
its passage. 

Approved March 6, 1903. 


BONDS— WATER COMPANY. +PAYING PREMIUMS. 73 





BONDS—WATER COMPANY. 


Exempt from Municipal Taxes. 


Whereas, The City of Louisville is the owner of the Louis- 
ville Water Company, and has recently taken the manage- 
ment and control of all of its property, through a Board of 
Water Works, as authorized under the provisions of an Act 
of the Legislature, approved March 6, 1906; and 

Whereas, Said Board of Water Works has issued and placed 
in the hands of the Commissioners of the Sinking Fund of 
the city of Louisville for sale one million ($1,000,000) dollars 
of bonds secured by a mortgage upon the property of the 
Louisville Water Company; and 

Whereas, Said property is by said Act of the Legislature 
exempt from city taxes, and it being to the interest of the 
eity of Louisville that said bonds shall bring the highest possi- 
ble price when offered for sale; now, therefore, : 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the one million ($1,000,000.00) dollars of bonds 
of the Louisville Water Company, executed by the Board of 
Water Works, dated July 2, 1906, and secured by a mortgage 
upon the property of the Louisville Water Company and 
placed in the hands of the Commissioners of the Sinking Fund 
of the city of Louisville for sale, be, and the same are hereby 
declared to be excempt in the hands of any future purchaser 
or owners thereof from all municipal taxes of the city of 
Louisville, of every kind and description. 

§ 2. This ordinance shall take effect from and after its 
passage. 

Approved January 14, 1907. 


BONDS—PAYING PREMIUMS. 


AN ORDINANCE providing for the payment of the premiums 
on the bonds of the financial officers of the city of 
Louisville. 


Whereas, The financial officers of the city of Louisville 
are required to execute bonds for the faithful discharge of 


74 BONDS—RETAIL LIQUOR DEALERS. 





their duties, and to account for all moneys that come into their 
hands; now, therefore, 


Be it ordained by the General Council of the city of Loussville: 


§ 1. That the city of Louisville will hereafter pay the pre- 
miums on the bonds required to be executed by the Tax Re- 
ceiver and his cashier, by the Treasurer and: his clerk, by the 
Auditor and the Comptroller, the costs thereof to be charged 
to the General Purpose Fund, provided that such bonds be 
placed with that surety or surety company furnishing the 
lowest rate per thousand dollars of the amount of lability in- 
curred under such bonds. 

§ 2. This ordinance shall take effect from and after its 
passage. 

Approved October 15, 1906. 


BONDS OF RETAIL LIQUOR DEALERS. 
AN ORDINANCE relating to bonds of retail liquor dealers. 
Be it ordained by the General Council of the city of Lowsville: 


§ 1. Before any license shall be issued to any individual, 
firm, company or corporation, to sell spirituous, vinous or malt 
liquors by retail in the city of Louisville, said individual, firm, 
company or corporation shall execute to the city of Louis- 
ville and file with the License Board, subject to its approval, 
a bond in the penalty of $500.00, with two good sureties, resi- 
dents of the city of Louisville, who are owners of property in 
the city of Louisville, subject to execution, worth not less than 
$500.00, conditioned that said individual, firm, company or 
corporation will not violate the requirements of the law. 

§ 2. This ordinance shall take effect from and after its 
passage. 

Approved July 16, 1908. 


_— 


BOUNDARIES OF CITY—REDUCTION. ae 





BOUNDARIES OF CITY—REDUCTION OF. 


AN ORDINANCE proposing to reduce the boundaries of the 
city of Louisville so as to exelude portions now within 


the extreme northeastern limits of the city. 
Be it ordained by the General Council of the city of Louisville: 


§ 1. That it is deemed desirable to reduce the boundaries 
of the city of Louisville so as to exclude the territory lying 
within the following limits, to-wit: Beginning at a point in 
the northwest line of Mellwood avenue where the city boun- 
dary line as established by ordinance September 30, 1895, in- 
tersects the said northwest line of Mellwood avenue, running 
thence northeast with the northwest line of Mellwood avenue 
to the line dividing the lands formerly belonging to Pope and 
Throckmorton, thence with said dividing line south thirty-six 
degrees forty-five minutes east ten and three-tenths feet to a 
tract, number one, conveyed to the Water Company by Throck- 
morton and Adams; thence with said tract number one north 
forty-four degrees forty-five minutes east one thousand five 
hundred and thirty-six and two-tenths feet to intersect with 
the third line named in a conveyance to the Water Company 
by Throckmorton and Adams, thence north thirty-seven de- 
grees east two hundred and sixty-three and three-tenths feet 
to the southerly end of line number two in said last mentioned 
conveyance; thence north thirty-seven degrees fifteen minutes 
west one thousand one hundred and fifty-five feet to the 
southerly line of the Louisville and Oldham Turnpike Road; 
thence with southerly line of said road north forty-five de- 
grees east one thousand two hundred and seventeen feet to the 
line dividing the land formerly belonging to Throckmorton and 
Hewitt; thence with said dividing line south thirty-seven de- 
grees fifteen minutes east one thousand five hundred and 
seven and five-tenths feet to the northwestwardly corner of 
a lot conveyed to the Water Company by Hahn and Ferrell, 
which corner is located at the intersection of the southerly 
line of the Louisville, Harrod’s Creek and Westport Railway 
Company’s right of way with the easterly line of the Water 
Company’s reservoir field; thence eastwardly along said Rail- 
way Company’s right of way three hundred and fifty-five and 
five-tenths feet to the westerly line of the Water Company’s 
pipeway to Crescent Hill; thence with the Water Company’s 
line of said pipeway north thirty-five degrees twenty minutes 
west one thousand six hundred and fifty-two and seven one- 
hundredths feet to the northerly line of the Louisville and 


REDUCTION OF. 





76 BOUNDARIES OF CITY 


Oldham Turnpike Road and the southerly line of the Water 
Company’s engine-house field; thence with the northerly line 
of said turnpike and the southerly line of the engine-house 
field south forty-two and one-half degrees west three hundred 
and sixty-two and seventy-eight one-hundredths feet to the 
westerly line of the aforesaid engine-house lot; thence with 
said engine-house lot north thirty-seven degrees fifteen min- 
utes west one thousand five-hundred and thirty-three and 
eighteen one-hundredths feet to low water in the Ohio river; 
thence up said river north fifty-seven degrees forty-five min- 
utes east eight hundred and fity-six and sixty-eight one-hun- 
dredths feet to the easterly line of the engine-house lot; thence 
south thirty-seven degrees fifteen minutes east one thousand 
three hundred and fifty-seven feet to the northerly line of the 
Louisville and Oldham Turnpike Road; thence with said north- 
erly line south forty-two and one-half degrees west four hun- 
dred and forty-six and seventeen one-hundredths feet to the 
easterly line of the before-mentioned pipeway to Crescent Hill; 
thence with said pipeway south thirty-five degrees twenty 
minutes east six thousand two hundred and ninety-seven and 
sixty-nine one-hundredths feet; thence north fifty-three de- 
grees forty-seven minutes east five hundred and one and five- 
tenths feet; thence south thirty-six degrees thirteen minutes 
east one thousand and one and eight one-hundredths feet 
to the line of the Brownsboro turnpike road; thence west with 
the line of the Brownsboro turnpike road to the westerly lne 
of the before-mentioned pipeway; thence with the. westerly 
line of same north thirty-six degrees thirteen minutes west 
nine hundred feet, more or less; thence south fifty-three de- 
grees forty-seven minutes west four hundred and ninety-one 
and five-tenths feet; thence north thirty-five degrees twenty 
minutes west four thousand five hundred and fifty-seven and 
four-tenths feet ;-thence south sixty degrees forty-five minutes 
west three hundred and. fifty-six and four-tenths feet, to the 
eastwardly line-of the Water Company’s tract of land pur- 
chased from Throckmorton and Adams; thence with said tract 
south thirty-seven degrees fifteen minutes east one thousand 
four. hundred and eighty-three and fifty-four one-hundredths 
feet to a corner common to the land formerly owned b: 
Thompson and the Water Company; thence south fifty-one 
degrees forty-five minutes west one thousand two hundred 
and fourteen and four-tenths feet; thence north.,thirty-seven 
degrees fifteen minutes west one thousand two hundred and 
twenty-five feet; thence north seventy-two degrees fifty-seven 
minutes west two hundred and forty-two and twenty-two one- 
hundredths feet; thence north seventy-eight degrees twenty- 





BOUNDARIES OF CITY 





REDUCTION OF. Le 





seven minutes, west one hundred and thirty-seven and ninety- 
four one-hundredths feet; thence north eighty-eight degrees 
forty-two minutes west one hundred and eighteen and eight- 
tenths feet; thence south sixty-nine degrees nine minutes west 
one hundred and twenty-two and one-tenth feet; thence south 
fifty-six degrees fourteen minutes west two hundred and sixty- 
eight and three-tenths feet to the southeasterly point of tract 
number two, conveyed to the Water Company by Throckmor- 
ton and Adams; thence with said tract number two south for- 
ty-four degrees forty-five minutes west one thousand and 
seventy-three feet; thence south thirty-six degrees forty-five 
minutes east thirty and forty-seven one-hundredths feet to 
the southeasterly corner of the tract of land conveyed to 
the Water Company by James W. Bowles and others; thence 
south forty-five degrees fifteen minutes west to the city boun- 
dary line as established by ordinance September 30, 1895; 
thence northwest with said city boundary line to the point of 
beginning. 

§ 2. This ordinance shall take effect from and after its 
passage. 

Approved Dee. 10, 1908. 


BOUNDARIES OF CITY—REDUCTION OF. 


AN ORDINANCE reducing the boundaries of the City of 
Louisville. 


Whereas, By an ordinance of the city of Louisville, ap- 
proved by the Mayor thereof, on the 10th day of December, 
1908, being Ordinance No. 327, Series 1908, it was ordained to 
be desirable to reduce the boundaries of the city of Louisville 
by striking therefrom the territory hereinafter particularly 
deseribed, and whereas it appears that said ordinance was 
thereupon published in at least ten issues of the Evening Post, 
a daily newspaper published in and having the largest circula- 
tion and largest permanent circulation in the city of Louis- 
ville, and was likewise published in at least ten issues of the 
Louisville Anzeiger, a daily German newspaper published in 
and having the largest circulation and largest permanent cir- 
culation of any German newspaper published in the city of 
Louisville, and whereas it appears that no petition remon- 
strating against said reduction of territory has been filed in the 


REDUCTION OF. 





yes) BOUNDARIES OF CITY 


Jefferson Circuit Court, although more than thirty days have 
expired since the enactment of said ordinance, now, therefore, 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the boundaries of the city of Louisville be and 
they are hereby reduced by striking therefrom the territory 
above referred to, which is more particularly described as 
follows: 

Beginning at a point in the northwest line of Mellwood 
avenue where the city boundary line as established by ordi- 
ance September 30, 1895, intersects the said northwest line of 
Mellwood avenue; running thence northeast with the north- 
west line of Mellwood avenue to the line dividing the lands 
formerly belonging to Pope and Throckmorton, thenee with 
said dividing line south thirty-six degrees forty-five minutes. 
east ten and three-tenths feet to a tract, number one, conveyed 
to the Water Company by Throckmorton and Adams; thence 
with said tract number one north forty-four degrees forty-five 
minutes east one thousand five hundred and thirty-six and 
two-tenths feet to intersect with the third hne named in a 
conveyance to the Water Company by Throckmorton and 
Adams, thence north thirty-seven degrees east two hundred 
and sixty-three and three-tenths feet to the southerly end of 
line number two in said last-mentioned conveyance; thence 
north thirty-seven degrees fifteen minutes west one thousand 
one hundred and fifty-five feet to the southerly hne of the 
Louisville and Oldham turnpike road; thence with southerly 
line of said road north forty-five degrees east one thousand 
two hundred and seventeen feet to the line dividing the land 
formerly belonging to Throckmorton and Hewitt; thence with 
said dividing line south thirty-seven degrees fifteen minutes 
east one thousand five hundred and seven and five-tenths feet 
to the northwestwardly corner of a lot conveyed to the Water 
Co. by Hahn and Ferrell, which corner is located at the intersec- 
tion of the southerly line of the Louisville, Harrod’s Creek & 
Westport Railway Co.’s right of way with the easterly line of 
the Water Company’s reservoir field; thence eastwardly along 
said railway company’s right of way three hundred and fifty- 
five and five-tenths feet to the westerly line of Water Com- 
pany’s pipeway to Crescent Hill; thence with the Water Com- 
pany’s line of said pipeway north thirty-five degrees twenty 
minutes west one thousand six hundred and fifty-two and 
seven one-hundredths feet to the northerly line of the Louis- 
ville and Oldham, turnpike road and the southerly line of the 
Water Company’s engine-house field; thence with the north- 
erly line of said turnpike and the southerly line of the engine- 


BOUNDARIES OF CITY——REDUCTION OF. 79 


house field south forty-two and one-half degrees west three 
hundred and sixty-two and seventy-eight one-hundredths feet 
to the westerly line of the aforesaid engine-house lot; thence 
with said engine-house lot north thirty-seven degrees fifteen 
minutes west one thousand five hundred and thirty-three and 
eighteen one-hundredths feet to low water in the Ohio river; 
thence up said river north fifty-seven degrees forty-five 
minutes east eight hundred and fifty-six and sixty-eight one- 
hundredths feet to the easterly line of the engine-house lot; 
thence south thirty-seven degrees fifteen minutes east one 
thousand three hundred and fifty-seven feet to the northerly 
line of the Louisville and Oldham turnpike road; thence with 
said northerly line south forty-two and one-half degrees west 
four hundred and forty-six and seventeen one-hundredths feet 
to the easterly line of the before-mentioned pipeway to Cres- 
cent Hill; thence with said pipeway south thirty-five degrees 
twenty minutes east six thousand two hundred and ninety- 
seven and sixty-nine one-hundredths feet; thence north fifty- 
three degrees forty-seven minutes east five hundred and, one 
and five-tenths feet; thence south thirty-six degrees thirteen 
minutes east one thousand and one and eight one-hundredths 
feet to the line of the Brownsboro turnpike road; thence west 
with the line of the Brownsboro turnpike road to the westerly 
line of the before-mentioned pipeway; thence with the 
westerly line of same north thirty-six degrees thirteen min- 
utes west nine hundred feet, more or less; thence south fifty- 
three degrees forty-seven minutes west four hundred and 
ninety-one and five-tenths feet; thence north thirty-five de- 
grees twenty minutes west four thousand five hundred and 
fifty-seven and four-tenths feet; thence south sixty degrees 
forty-five minutes west three hundred and fifty-six and four- 
tenths feet, to the eastwardly line of the Water Company’s 
tract of land purchased from Throckmorton and Adams: 
thence with said tract south thirty-seven degrees fifteen .min- 
utes east one thousand four hundred and eighty-three and 
fifty-four one-hundredths feet to a corner common to the land 
formerly owned by Thompson and the Water Com- 
pany; thence south fifty-one degrees forty-five minutes west 
one thousand two hundred and fourteen and four-tenths feet: 
thence north thirty-seven degrees fifteen minutes west one 
thousand two hundred and twenty-five feet; thence north 
seventy-two degrees fifty-seven minutes west two hundred and 
forty-two and twenty-two one-hundredths feet; thence north 
seventy-eight degrees twenty-seven minutes west one hundred 
and thirty-seven and ninety-four one-hundredths feet; thence 
north eighty-eight degrees forty-two minutes west one hundred 





SO BUILDING DEPARTMENT. 








and eighteen and eight-tenths feet; thence south sixty-nine 
degrees nine minutes west one hundred and twenty-two and 
one-tenth feet; thence south fifty-six degrees fourteen min- 
utes west two hundred and sixty-eight and three-tenths feet 
to the southeasterly point of tract number two, conveyed to 
the Water Company by Throckmorton and Adams; thence 
with said tract number two south forty-four degrees forty-five 
minutes west one thousand and seventy-three feet; thence 
south thirty-six degrees forty-five minutes east thirty and 
forty-seven one-hundredths feet to the southeasterly corner of 
the tract of land conveyed to the Water Company by James 
W. Bowles and others; thence south forty-five degrees fifteen 
minutes west to the city boundary line as established by 
ordinance September 30, 1895; thence northwest with said city 
boundary line to the point of beginning. 

§ 2. All ordinances or parts of ordinances in conflict 
herewith are hereby repealed. 

§ 3. This ordinance shall take effect and be in force from 
and after its passage. 

Approved February 17, 1909. 


BUILDING DEPARTMENT. 


AN ORDINANCE establishing and providing for a Department 
of Buildings for the City of Louisville, and to regulate the 
construction, equipment, maintenance, alteration, repair- 
ing and removal of buildings, and the occupancy and ob 
struction of streets and alleys in the performance of same 
and providing certain penalties for the violation thereof, 
same to be known and cited as the Building Code. 


PART I. 
Be it ordained by the General Council of the city of Louisville: 
§ 1. Inspector and Assistants. 


That in the establishment, government and maintenance of 
the Department of Buildings of the City of Louisville, the 


BUILDING DEPARTMENT. St 





following ordinance to be known and cited as the Building 
Code shall prevail, viz.: 

The Inspector of Buildings, his assistants and his clerks, 
shall be appointed by the Board of Public Safety and shall 
hold their offices during the pleasure of said board. 

The Inspector of Buildings and his assistants shall not 
during their term of office be employed or engaged directly 
or indirectly in any building business, or enter into any con- 
tract for buildings for others, or to furnish materials, speci- 
fications or plans for buildings for others in the City of 
Louisville. 


§ 2. Duties of Inspector of Buildings. 


It shall be the duty of said Inspector of Buildings to cause 
to be kept a record of all applications for permits, which shall 
be regularly numbered in the order of their issue, also a record 
showing the number, description and size of all buildings 
erected in the city during his term of office; of what mate- 
rial constructed and the aggregate of the number, kind and 
cost of all buildings; the ground area and the number of 
eubie feet contained in such buildings; the inspection, removal 
and condemnation of buildings. and all other matters proper 
to be recorded. 

Said Inspector of Buildings shall have full power to pass 
upon any question arising under the provisions of this ordi- 
nance relative to the manner of construction or material to 
be used in the erection, alteration or repair of any building. 

Any duty or act required of or authorized to be done by 
the Inspector of Buildings may be performed by any Assistant 
Building Inspector, subject to revision by the Building In- 
spector. 


§ 3. Appeal to Board of Safety. 


Should any question arise between the Inspector of Build- 
ings and the owner or architect of any building or proposed 
building, or should the owner or architect object to any order 
or decision of said Inspector, the matter shall be referred to 
the Board of Publie Safety and its decision shall be final and 
conclusive. 


§ 4. Inspector to Examine Buildings. 


The Inspector of Buildings shall examine all buildings, or 
cause the same to be examined, upon or in which work is 


ory BUILDING DEPARTMENT. 


being done under the provisions of this ordinance as often 
as practicable. 

If the Inspector of Buildings fall find in the city any 
building or structure, or part thereof, in such an unsafe con- 
dition as to endanger life, but so that by the immediate ap- 
plication of precautionary measures such danger may be 
averted, he shall have authority and it shall be his duty to 
forthwith notify in writing the owner, agent or person in 
possession, charge, or control of such building or structure, 
or part thereof, to adopt and put into effect such precaution- 
ary measures aS may be necessary or advisable in order to 
place such building or structure, or part thereof, in a safe 
condition. Such notice shall state briefly the nature of worl: 
required to be done, and the said Inspector shall specify in 
such notice a time in which the work required to be done 
shall be completed by the person notified. 

If the owner, agent or person in possession, charge or con- 
trol of such building or structure, or part thereof, when so 
notified, shall fail, neglect or refuse to place such building 
or structure, or part thereof, in safe condition and to adopt 
such precautionary measures as shall have been specified by 
said Inspector within the time specified in such notice, in 
such case, at the expiration of such time, it shall be the duty- 
of said Inspector tio proceed forthwith to do so, or cause to 
be done any and all work necessary to place such building or 
structure or part thereof in a safe condition. 

If the said Inspector, shall. be unable to find the owner 
of such building, structure or part thereof, or agent or person 
in possession, charge or control thereof, upon whom such no- 
tice may be served, he shall place or cause to be placed the 
notice herein provided for upon such building at or near its 
principal entrance, or at some other conspicuous place 
on or near said building, and if at the expiration of the time 
specified in such notice for the completion of the work re- 
quired to be done, the terms of such notice shall not have been 
complied with, it shall be the duty of the Inspector to there- 
upon proceed and do such work in the same manner as here- 
inbefore provided in cases of refusal, neglect or failure on the 
part of the owner, agent or person in possession,’ charge or 
control of any such building, structure, or part thereof, when 
so notified. 

If, in accordance with the provisions of this section, the 
work of placing any building, structure, or part thereof, in 
a safe condition shall devolve upon the said Inspector, and it 
shall appear that such building, structure or part thereof is 
in such a condition as not to warrant the expenditure thereon 


BUILDING DEPARTMENT. 83 








of a sufficient sum of money to make such repairs, or to do 
such work as is necessary to put it in a safe condition, the 
said Inspector shall have authority to tear down or destroy 
such building, structure, or part thereof, and the expense of 
tearing down and destroying any such building or structure or 
part thereof, and the expense of making any repairs or doing 
any work thereon, shall be charged to the person owning or 
in possession, charge or control of such building or structure 
or part thereof, and the Inspector shall recover, or cause to 
be recovered from such owner or person in possession, charge 
or control the cost to the city of doing such work by some 
appropriate proceeding; and said expense and costs of mak- 
ing said repairs, tearing down and destroying said building or 
structure shall become and remain a lien upon the lot and im- 
provements upon which said building or structure is located. 

Should said owner, agent or person in possession, charge 
or control of any such building or structure, upon whom no- 
tice as provided for in this section has been served, fail, neg- 
lect or refuse to place such building or structure, or part there- 
of, in a safe condition as designated in said notice, then sneh 
owner, agent or person in possession, charge or control of said 
building, on whom said notice is served shall be deemed guilty 
of a misdemeanor and on conviction shall be fined not less than 
ten, nor more than one hundred dollars, and each day said 
owner, agent or person in possession, charge or control of 
said building fails to place same in a safe condition after the 
date named in said notice has expired, shall be considered a 
separate offense. 


§ 5. Inspector to Enter Buildings. 


The Inspector of Buildings and his assistants are hereby 
given authority to enter any building in the City of Louis- 
ville in the performance of their duties and to order and com- 
pel the suspension of any work being done in violation of the 
provisions of this ordinance. 

No person shall continue the construction of any building, 
or use any material in or about any building, after said In- 
spector of Buildings or his assistants have directed in writing 
the suspension of such construction or the use of such material. 


§ 6. Revocation of Permits. 


Should the Inspector of Buildings become convinced that 
the work under any permit is not proceeding according to 
the detailed statements, plans and specifications upon which 
such permit was issued, or is proceeding in violation of the 


st BUILDING DEPARTMENT. 








law or ordinance, it shall be his duty to notify the owner or 
owners, or his or their agents in writing, that the work is 
being constructed in violation of the permit or ordinance, and 
that the same must be immediately rectified to conform with 
the building laws or with such permit. If the owner or own- 
ers, or his or their agents, neglects to comply with the said 
laws, or fails to make corrections within such time as may be 
specified by the Building Inspector, it shall be the further duty 
of the Inspector of Buildings to revoke said permit, and no- 
tice thereof shall be immediately served upon the owner, agent, 
superintendent or contractor in charge of the work or posted 
on the property. 

Said notice shall be in writing signed by the Inspector of 
Buildings, and after such revacation of permit, any architect, 
eontractor or workman performing any work in or about said 
structure, building or premises shall be guilty of a misde- 
meanor and on conviction thereof shall be fined not less than 
ten dollars ($10.00) nor more than one hundred dollars. 
($100.00); and each day any such architect, contractor or 
workman performs any work on or about said structure or 
building after the revocation of said permit shall be consid- 
ered a separate offense. 


§ 7. Limit of Permit. 


Every permit shall be considered cancelled if active work 
is not commenced within six (6) months of the date of its. 


issue. 


§ 8. Inspector to Make Tests. 


The Inspector of Buildings and his assistants are hereby 
given authority to make such tests as may be necessary to: 
determine the safety of the condition of any building or ma- 
chinery which it becomes their duty, under the provisions of 
this ordinance to inspect, such tests, if there be expense at- 
tached, to be at the cost of the owner, same to be recovered 
by proper proceedings. 


§9. Inspect all Buildings. 


The Inspector of Buildings shall inspect or cause to be 
inspected all public school buildings, publie halls, churches, 
theaters, auditoriums, skating rinks, baseball stands, or other 
stands occupied by large numbers of people, and all buildings: 
used for either manufacturing or commercial purposes; also all 
hotels, apartment houses and all other buildings of whatsoever 


BUILDING DEPARTMENT. 


PD 
Ce 





nature for the purpose of determining the safety of such build- 
ings or structures or any passways, appliances or equipments. 
thereof; the sufficiency of their doors; passageways, aisles, stair~ 
ways, corridors, exits or fire escapes, and generally their fa- 
cilities for egress in case of fire or other accident, and the 
strength of their floors, and in case of any violations of the 
several provisions of this ordinance, to cause warrants to 
be issued against the offender or offenders. 


PART II. 
PERMITS. 


§ 10. Requirements for Permit. 


No excavation shall be commenced, no wall, structure, 
building, or part thereof, shall be built or constructed, nor 
shall the heating apparatus, gas fitting or elevator work of 
any building or structure be constructed, installed or altered, 
nor shall any building be moved, nor any sign erected, ex- 
cept in accordance with the provisions of this Code, nor uns 
til a permit has been issued by the Department of Buildings. 


§ 11. Bond To Be Given. 


Before the Inspector of Buildings shall issue a permit to: 
erect, alter or repair a building the owner shall file a bond 
with the Board of Public Safety, with surety to be approved 
by the Inspector of Buildings, expressly stipulating and agree- 
ing to pay all damages for personal injuries to any one or 
damages to property or improvements on account of any ex- 
cavation made in, or any obstruction placed upon any street,. 
sidewalk, alley or other public space of the City of Louisville: 
by any one while engaged in or about the performance of said 
work and during the existence of such excavation or ob- 
struction, and will defend all suits and hold the City of Louis- 
ville harmless against any and all loss or damage on account 
of either personal injuries or injuries to property. 


§ 12. Application for Permit. 


Appleation for permit shall be made in writing to the 
Inspector of Buildings and signed by the owner or his agent 
or architect upon blank forms furnished by the Department 
of Buildings. The application shall state the location of the 


36 BUILDING DEPARTMENT. 





building, size of lot, number of cubic yards of stone or of con- 
erete for foundations or other purposes, the number of thou- 
sand of brick and the number of square yards of plaster to be 
used in the erection, alteration or repair of said building, and 
the estimated cost of such work. 

Appheation for permit to erect a building or structure 
shall be accompanied by such plans and specifications as will 
‘give full information as to the character of the building, its 
Size in every direction, arrangement of rooms, halls, closets 
and stairways and the material to be used in construction; and 
the Inspector of Buildings may require detail drawings and 
-strain sheets of all trusses, beams, columns and floors or such 
-other drawings and specifications as he may deem necessary. 

Applications for permits to erect elevators, fire escapes, 
or to do plumbing or electrical work, or to erect signs of any 
kind, will be made on blanks furnished by the Department of 
Buildings, and accompanied by such plans and specifications 
-as may be required. 


§ 13. Plans. 


All plans must be made in ink on cloth or heavy paper or 
‘on blue print paper. They must be drawn to scale and dimen- 
‘sions of structural parts filled in with figures. 

The Inspector of Buildings may issue permits for the eree- 
‘tion of sheds or small one-story buildings upon the descrip- 
‘tion given in the application and not accompanied by draw- 
ings, and this shall apply also to alterations and repairs of 
buildings when in the judgment of the Inspector of Build- 
ings drawings are not necessary to show the full character of 
‘the work to be done. 

If any changes are made in the plans of a building after 
a permit has been issued, then the architect or owner shall 
‘file revised plans, or record such alterations or changes af- 
fecting structural parts of the design on the plans and speci- 
fications on file in the office of the Department of Buildings, 
‘and such alterations or changes must have the approval of the 
Inspector of Buildings endorsed thereon. 


§ 14. Use of Public Way. 


Upon receiving a permit, the party intending to build 
shaJ]. if the street be not graded in front of the proposed 
building, obtain the grade from the City Engineer’s office and 
build in conformity therewith. 


BUILDING DEPARTMENT. ST 





The portion: of: any street which may be occupied by the 
material necessary for a building in course of construction, 
alteration or repair shall not exceed in any event the dimen- 
sions of the front of the premises being built upon, and twelve 
and one-half feet in addition on each side and not exceeding. 
one-third of the street in breadth, and such occupation of 
public ways shall not be prolonged an unreasonable period. 

All brick shall be properly stacked when removed from 
wagon, and a sufficient way be left unencumbered at all 
times between said building material and the curbstone on 
the side of the street opposite the building for the passage 
of vehicles. 

No material shall be placed within four feet of the track 
of any railroad or street railway, or of any fire cistern, fire 
plug, pump, manhole for any sewer or conduit system or cross- 
ing, or within twelve inches of any curbstone, without pro- 
vision being made for the free passage of water in the gut- 
ters and a sufficient unobstructed passageway for persons: 
and vehicles be maintained at all times along the street; and 
provided further, that where it is possible so to do, that as 
soon as any building is up to the grade sidewalk the sidewalk 
shall immediately be constructed and a sufficient passageway 
be kept at all times over same, and whenever required by the 
Inspector or his deputies, as soon as the building reaches the 
height of the first story, the owner or contractor shall con- 
struct a shed over the sidewalk and the entire width of front 
and side of premises being built upon, and keep same in re- 
pair until the building is completed or until the Inspector or 
his deputies order same removed. , 

Upon all obstructions or excavations caused by contrac- 
tors or other persons in the streets and other thoroughfares. 
they shall place red lights, to be kept burning from twilight 
in the evening until daylight in the morning, so long as such 
obstructions remain. A passageway at least four feet wide 
shall be kept in front of any new building in course of con- 
struction, or any building in process of repairs or altering,. 
as far as practicable. 


ew ed. Use of Space Under Sidewalk. 


In the use of space under the sidewalk, in the front or 
side, or in the alley, in the rear or side of any structure, 
a sufficient retaining wall to sustain the roadway or street 
shall be constructed, and all end and division walls shall ex- 
tend from the wall ‘of the building to the curb line, and be 
of sufficient strength to sustain the sidewalk or roadway. The 


SS BUILDING DEPARTMENT. 








sidewalk in such cases to be entirely incombustible material. 
All openings in such sidewalks shall be covered with iuluminat- 
ing tile in iron frames, or with iron covers with rough sur- 
faces. No plain surface of glass greater than six inches square 
allowed in any sidewalk. 

The foregoing provisions and all the provisions of this 
Code shall apply with equal force to buildings both municipal 
cand private. 


ea 


PART III. 
DEMOLISHING AND MOVING BUILDINGS. 


§ 16. Application for Permit. 


An appleation for permit to move a building shall state the 
location of the building to be moved, its length, width, height 
and the principal materials of its walls or sides and its roof 
and the proposed location to which it is to be moved. 

In the erection of the building at its new location all the 
provisions of this Code applicable to a new building of the 
same class shall apply. No frame building shall be moved 
from one place to another within the fire lmits, nor from 
‘without to within the fire limits. 

No permit will be issued to move a building to another lo- 
ation until the mover has obtained a permit from the Board 
of Public Works to oceupy the necessary public ways. 


§ 17. Rubbish to be Removed. 


Earth taken from excavations and rubbish taken from 
buildings being erected, altered, repaired or demolished shall 
not be stored upon sidewalks, streets or alleys, but must be 
removed as rapidly as produced. In demolishing any building 
‘story after story, commencing with the top story, shall be com- 
pletely removed, the brick, timbers and other structural parts 
of each story shall be lowered to the ground immediately upon 
displacement. The material to be removd shall be properly 
‘wet down to lay the dust incident to removal. 


§ 18. Raising Frame Buildings. 


A frame building not more than two stories in height may 
‘be raised for the purpose of constructing a basement story 
ander it. The principal floor of a two-story building shall not 


BUILDING DEPARTMENT. 89 





be elevated more than eight feet above the grade of the lot, 
and the new walls shall be of masonry and thirteen inches 
thick. Footings of foundations to be twelve inches wider thar 
walls. 


§ 19. Remodeling Buildings in Fire Limits. 


No frame, veneered, iron-clad or any building the enclos- 
ing walls or roof of which are constructed of combustible 
material shall be erected, moved or remodeled within the fire 
limits of the city of Louisville, or repaired when damaged to 
the extent of fifty per cent. of the cost of replacing the origi- 
nal building, exclusive of the value of the foundation. 

Any frame, veneered or iron-clad building within the fire 
limits of the city of Louisville that has been, damaged by fire 
or decay to a greater extent than fifty per cent. of the cost 
of replacing the original building, exclusive of the value of 
the foundation, may be condemned and ordered removed with- 
in ten days by the Inspector of Buildings. Any building 
within the fire limits of the city of Louisville having a com- 
bustible roof, such roof when damaged by fire or other cause 
to the extent of fifty per cent. of the cost of replacing it, 
shall be removed and be replaced by a metal or other thor- 
oughly non-combustible roof covering. 

The question of the cost of replacing a roof or a structure 
named in this section, and the extent of the damage by 
fire or other causes, shall be determined by the Inspector 
of Buildings, provided that the owner or agent may appeal 
from the decision of the Inspector of Buildings to the Board 
of Public Safety. 


§ 20. Temporary and Detached Structures. 


Sheds may be erected for the storage of materials, for the 
shelter of workmen or animals from sun and rain, for out- 
door manufacturing and for temporary purposes, subject to 
the restrictions imposed by the provisions of this sub-division, 
and they shall not be constructed for any other purpose. 

Sheds must be not over 15 feet high. They shall not be 
lathed or plastered or otherwise finished as for a habitation. 

No shed shall have an area of more than 2,500 square feet. 
When made of combustible material a shed shall not be placed 
within ten (10) feet of any other structure. 

Shed walls and shed roofs erected within the fire limits, 
except for purposes connected with the construction of a per- 
manent building, shall be made entirely of incombustible ma- 
terial. 


90) BUILDING DEPARTMENT. 





Small sheds made of wood required for offices or for the 
storage of tools and materials to be used in the erection of 
any building or other construction, may be constructed on the 
premises or on adjoining premises, but no such sheds shall be 
erected upon a public way without the approval of the In- 
spector of Buildings, and such sheds shall be removed when 
the permanent structure is ready for occupancy. 

Before beginning work on any building, the contractor or 
builder shall provide ample water closet facilities for workmen 
while engaged upon the construction of the building. 


PART FV; 
DEFINITIONS. 
§:21. Buildings Classified. 


The term ‘‘Fireproof Buildings’’ shall apply to all build- 
ings in which the principal parts are made of incombustible 
materials, but not including fire-proofed wood. In all‘ such 
buildings, the walls, floors, roofs, furrings, ceilings, stairs and 
elevator enclosures, excepting only the finish of the floors, shall 
be made entirely of incombustible material, and all structural 
members of metal shall be protected from fire by a covering, 
the material of which shall be entirely incombustible, not in- 
juriously affected by water, and a slow conductor of heat. 

The term ‘‘Slow-burning Buildings’’ or ‘‘Composite Build- 
ings’’ shall apply to all buildings in which the exterior walls 
are made entirely of brick, stone or concrete and roof cover- 
ing made of incombustible material, with doors, windows and 
frames of wood, but with interior walls of brick, or with col- 
umns and girders made of fireproofed iron or steel, and with 
the floor construction of wooden beams, joists and ceiling 
furred with fire-proof material and all concealed spaces fire- 
stopped and all sub-divisions made with incombustible par- 
titions, or if the floor and roof systems are composed of heavy 
timbers and plank with no concealed air spaces. 

The term ‘‘Mill Construction’’ shall apply to buildings 
without hollow or concealed spaces, having brick walls not less 
than twelve inches in thickness for the top story and increas- 
ing in thickness according to sections 42 and 43 of this Code; 
roofs to be of three-inch splined planking spiked directly to 
heavy roof timbers not less than six inches in the least dimen- 


BUILDING DEPARTMENT. Jt 








sion, covered with metal or other approved incombustible roof 
covering. Floors to be solid without openings, constructed 
of not less than three-inch splined planking covered with one- 
inch top flooring laid crosswise or diagonally properly nailed. 
Between the top flooring and the planking shall be placed not 
jess than two thicknesses of waterproof material carefully laid 
to break joints and flashed at least three inches around all 
walls, posts or columns and openings with mouldings or mop- 
boards. Size and spacing of floor timbers shall be suitable 
for the load to be earried, but the timbers shall in no ease 
be less than eight inches in the least dimension, and _ shall 
rest on top of girders or on iron or steel plates in the walls. 
Girders shall rest on iron or steel plates in the walls and on 
iron or steel caps on columns, so arranged as to be self-re- 
leasing. All columns and posts shall rest on pintles, and the 
size and spacing thereof shall be suitable for the load to 
be carried, but’ no column or post shall be less than eight 
inches in the least dimension. Columns, girders and beams, if 
of wood, shall be of solid material, and if of iron or steel shall 
be protected as called for in sections 144, 145 and 146 of this 
Code. All elevators, stairs, bolts, pipes, shaftings and vents 
piercing floors shall be inclosed in towers having brick walls 
not less than eight inches in thickness, or reinforced concrete 
walls not less than six inches in thickness, and all openings 
therein shall be protected by standard, automatic, self-closing 
fire doors. 

The term ‘‘Ordinary Masonry Building’’ shall apply to all 
buildings in which the bearing walls are made of brick, stone 
or econerete, and the floors and roof are made of ordinary wood 
construction. 

The term ‘‘Frame Building’’ shall apply to all buildings, the 
exterior walls or any part of which are constructed of wood. 

Wood buildings sheathed with boards and covered with 
four inches of brick or terra cotta, and wood frames covered 
with metal or lathed and plastered on the outside shall be 
classed as frame buildings. 

‘‘Private Dwellings’’ shall be taken to mean and include 
all buildings which shall be intended, designed or used as a 
frome or residence, no part of which structure is used as a store 
or for any business purpose. | 

An ‘‘ Apartment House’’ shall be taken to mean and inelude 
every building which shall be intended, designed or used as 
the home of two or more families or households living in- 
dependently of each other. Buildings, the first floor or base- 
ment of which are used as stores and the upper floors for 


Qo. BUILDING DEPARTMENT. 


tS am 


sleeping rooms, shall be classed as ‘‘Apartment Houses or 
Flats.’ 

The term ‘‘Tenement’’ shall apply to every house, build- 
ing or portion thereof which is rented, leased or hired out 
to be occupied or is occupied as the residence of more than 
two families, living independently of one another and doing 
their cooking on the premises, or by more than two families 
on a floor so living or cooking, but having a common right in 
the halls, stairways, yards, water closets or privies, or some 
of them. 

The term ‘‘Hotel’’ shall apply to every building or part 
thereof, used for supplying food or shelter to residents or guests, 
and having a public dining-room or cafe or both, and contain- 
ing more than fifteen sleeping rooms. 


The term ‘‘Office Building’’ shall apply to every building 
which shall be divided into rooms and used for business pur- 
poses, no part of which shall be used for living purposes, ex- 
cepting only the room for the janitor and his family. 

The term ‘‘Warehouse’’ shall apply to every building, or 
part thereof, used solely for the sale or storage of merchandise. 

‘‘Incombustible Material,’’ when referred to as a structural 
material, means brick, stone, slate, terra cotta, concrete, wire 
glass one-quarter (14) inch thick, iron,: steel or sheet metal, 
and heavy asbestos and mineral wool, when used alone or in 
combination with each other. 

By the term ‘‘Garage’’ is meant a building or that por- 
tion of a building wherein are kept vehicles charged with, or 
containing a volatile inflammable liquid for fuel or power. 
Where any portion of a building is used for a garage, the 
garage shall be deemed to embrace all of the building not 
separated from the garage proper by fire walls. All openings 
in such walls shall be protected on both sides by fireproof 
doors constantly closed, except when necessarily opened for 
passage. 

‘‘Public Garages’’ are garages that are let or hired for 
storage or repair of such vehicles. 

‘‘Private Garages’’ are garages used by individual owners 
of such vehicles only, and need not be of fireproof construc- 
tion, if outside the fire limits and housing not more than 
four (4) vehicles. 

A “‘Club House’’ is a building used or intended for use > 
by an organization or society for mutual entertainment or 
recreation. 

When such buildings contain fifteen (15) or more rooms 
for sleeping purposes, they shall be classed as hotels, and when 
such buildings contain assembly halls, seating two hundred 


BUILDING DEPARTMENT. 93 


(200) or more, they shall be classed as assembly halls. When 
the seating capacity in such auditorium exceeds five hundred 
(500), and has a permanent stage in excess of twenty (20) 
feet in depth, and having fly galleries, and rigging lofts, such 
portion of the building containing the assembly hall shall meet 
the requirements for theaters. 


PART V. 
QUALITY OF MATERIALS. 


§ 22. Brick, Sand and Mortars. 


Brick.—The brick used in all buildings shall be good, hard, 
well-burnt brick, provided, however, that isolated interior 
chimneys of dwellings and partition walls and interior four 
inches of bearing walls in the upper two stories of any dwell- 
ing may be of one ‘‘Salmon’’ brick to two hard-burned bricks. 
No ‘‘Salmon’’ brick shall be used in cellars, basements, fire 
walls or in chimneys above the roof line. 

Sand.—The sand used for mortar or concrete in all build- 
ings shall be’clean, sharp grit sand free from loam or dirt. 

Lime Mortar.—Slaked lme mortar shall be made of one 
part lime and not more than three parts of sand; all lime shall 
be thoroughly burnt, of good quality and properly slaked be- 
fore it is mixed with the sand. 

Cement Mortar.—Cement mortar shall be made of Port- 
land cement or of Louisville cement, or a natural cement equal 
in quality to Louisville cement, mixed with sand, and shall be 
used immediately after being mixed. If Louisville or other 
natural cement is used, the proportions shall be one part ce- 
ment by measure and not more than two parts sand. If Port- 
land cement is used, the proportions shall be one part cement 
and not more than three parts sand. 

Cement and Lime Mortar.~Cement and lime mortar mixed 
shall consist of equal parts of lime and cement mortars as 
described above in this section, or what is’ known as “‘Brick- 
fayers’’ cement (being a mixture of Louisville Hydraulic ce- 
ment with 15 per cent. of lime added before erinding), may 
be used with the proper proportion of sand instead of the 
cement and lime mixture described above in this section. 


94 3 BUILDING DEPARTMENT. 





§ 23. Cements. 


All cements, whether used for mortar, concrete or concrete 
blocks, shall conform to the requirements and standard tests 
of the American Society of Civil Engineers. ‘‘Bricklayers’” 
cement is to be classed with the Louisville or natural cements, 
and may be used wherever such cements are specified in this 
Code. 

When required by the Inspector of Buildings, there shall 
be submitted to him certified tests of the cement being used 
in any building from some established laboratory of inspection, 
and the cement shall conform to all the requirements of this 
section. 


§ 24. Concrete for Foundations. 


Concrete for foundations shall be made of not more than 
two and one-half parts of sand and five parts broken stone 
by volume to one part cement; the stone shall be clean and 
broken to such size as to pass in any way through a two-inch 
ring; good, clean gravel may be used in the same proportion 
as broken stone. The cement and sand are to be measured 
and thoroughly mixed before adding water. All concrete shall 
be properly rammed and allowed to set before being aus- 
turbed. 


§ 25. Quality of Timber. 


All timbers and wooden beams used in any building shall 
be of good, sound material free from rot, large and loose 
knots, shakes or any imperfection whereby the strength may 
be impaired, and be of such size and dimensions as the pur- 
pose for which the building is intended requires. 


§ 26. Tests of New Materials. 


New and untried material of whatever nature shall be sub- 
jected to such tests to determine its character and quality as 
the Inspector of Buildings shall direct. The tests shall be made 
under the supervision of the Inspector of Buildings, or he may 
direct the architect, or owner to file with him a certified copy 
of the results of tests such as he may direct to be made. 


§ 27. Structural Material. 


Wrought Iron.—All wrought iron shall be uniform in .char- 
acter, fibrous, tough and ductile. It shall have an ultimate 


BUILDING DEPARTMENT. 95 


tensile resistance of not less than 48,000 pounds per square 
inch, an elastic limit or not less than 24,000 pounds per square 
inch and an elongation of twenty per cent. in eight inches when 
tested in small specimens. 

Steel.—All structural steel shall have an ultimate tensile 
strength of from 54,000 to 64,000 pounds per square inch. 
Its elastic limit shall be not less than 32,000 pounds per square 
inch and test specimens ruptured in tension must show a 
minimum elongation of not less than 20 per cent. in eight 
inches. Rivet steel shall have an ultimate strength of from 
50,000 to 58,000 pounds per square inch. 

Cast Steel—Shall be made of open hearth steel containing 
one-quarter to one-half per cent. of carbon, not over eight one- 
hundredths of one per cent. of phosphorus, and shall be prac- 
tically free from blow holes. 

Cast Iron.—Shall be of good foundry mixture, producing 
a clean, tough, gray iron. Sample bars five feet long, one 
inch square, cast in sand molds, placed on supports four feet 
six inches apart, shall bear a central load of 450 pounds be- 
fore breaking. Castings shall be free of serious blow holes, 
cinder spots and ecold shuts. Ultimate tensile strength shall 
be not less than 16,000 pounds per square inch when tested in 
small specimens. 


eel ard Mk 
EXCAVATIONS AND FOUNDATIONS. 


§ 28. Excavations. 


All excavations for buildings shall be properly guarded and 
protected so as to prevent the same from becoming dangerous. 
to life or hmb, and shall be sheath piled by the person or per- 
sons causing the excavations to be made when necessary to pre- 
vent the adjoining earth from caving in. Plans filed in the 
Department of Buildings shall be accompanied by a state- 
ment of the character of the soil at the level of the footings 
when required by the Inspector of Buildings. 


§ 29. Excavations Over Ten Feet Deep. 


Whenever the owner of a lot in the City of Louisville pro- 
poses to excavate upon such lot to a depth greater than ten 
(10) feet below the top of the curbstone of the sidewalk ad- 


96 BUILDING DEPARTMENT. 





joining such lot, or below the lot grade, if excavation is back 
of sidewalk line, or to cause an excavation to be made on such 
lot to a depth greater than ten feet below the top of such 
curbstone or lot grade, the owner so proposing to excavate, or 
to cause an excavation to be made, shall at his own expense 
protect any wall on adjoining land on or near such excavation 
from injury from such excavation, if the necessary license is 
afforded him to enter upon such adjoining land for that pur- 
pose, but not otherwise. 

Any person, firm or corporation whose duty it is under 
this ordinance or other law to protect any wall, cellar or 
structure, shall be subject to the penalties imposed by this 
ordinance. 


§ 30. Retaining Walls. 


When an excavation is made on any lot, the person or per- 
sons causing such exeavation to be made shall build on the 
adjoining lot at his or their own cost and’ expense a retain- 
ing wall to support the adjoining earth, if accorded the neces- 
sary license to enter upon the said adjoining lot, and not 
otherwise, and such retaining wall shall be carried to the 
height of the adjoining earth and be properly protected by cop- 
ing. If the necessary license is not accorded to the person or 
persons making such excavation, then it shall be the duty of 
the owner or owners refusing to grant such license to build the 
retaining wall on his or their own property at his or their 
own expenses without recourse to the person or persons mak- 
ing the excavation on the premises adjoining thereto. 

The thickness of a retaining wall at its base shall be in no 
case less than one-fourth of its height, or of a design of equiva- 
lent strength. 


§ 31. Bearing Capacity of Soil. 


Where no test of the sustaining power of the soil is made, 
different soils, excluding mud at the bottom of the footings, 
shall be deemed to safely sustain the following loads to the 
superficial foot, namely : 

Loam, clay or fine sand, firm and dry, two and one-half 
tons per square foot. . 

Very firm, coarse sand, stiff gravel or hard clay, four tons 
per sauare foot, or as otherwise determined by the Inspector 
of Buildings. 

Where a test is made of the sustaining power of the soil, 
the Inspector of Buildings shall be notified so that he may be 


BUILDING DEPARTMENT. yer 





> 





present, either in person or by representative. The record of 
the test shall be filed in the Department of Buildings. 

When a doubt arises as to the safe sustaining power of the 
earth upon which a building is to be erected, the Depart- 
ment of Buildings may order borimegs to be made, or direct: 
to be tested the sustaining power of the soil by and at the 
expense of the owner of the proposed building. 


§ 32. Pressure Under Footings of Foundations. 


The loads exerting pressure under the footings of founda- 
tions in buildings more than, three stories in height are to be 
computed as follows: 

For warehouses and factories, they are to be the full dead 
load and 75 per cent. of the full live load, established by see- 
tion 100 of this Code. 

In stores and buildings for hight manufacturing purposes: 
they are to be the full dead load and 60 per cent. of the live 
load established by section 100 of this Code. 

In churches, school houses and places of public amusement 
or assembly they are to be full dead load and 60 per cent. of the 
live load established by Section 100: of this Code. 

In office buildings, hotels, apartment hotels, dwellings, 
apartment houses, tenement houses, lodging houses and stables: 
they are to be the full dead load and 40 per cent. of the live 
load established by section 100 of this Code. 

Footings shall be so designed that the loads will be as 
nearly uniform as possible and not in excess of the safe bear- 
ing capacity of the soil, aS established by section 31 of this: 


Code. 
§ 33. Foundations. 


Every building, except buildings erected upon solid rock, 
shall have foundations not less than thirty inches below the 
eurb level (or the finished grade of lot if the building does: 
not immediately adjoin the sidewalk) on solid ground or upom 
piles or ranging timbers when solid ground or rock is not: 
found. 


§ 34. Wood Piles. 


Piles of wood intended to sustain a wall, pier or post shalF 
be spaced not more than thirty-six inches nor less than twenty 
inches on centers, and they shall be driven to a solid bearing, if 
practicable to do so, and the number of such piles shall be 
sufficient to support the superstructure proposed. 


YQ BUILDING DEPARTMENT. 


No wood pile shall be used of less dimensions than five inches 
at the small end and ten inches at the butt for short piles, or 
piles twenty feet or less in length, and twelve inches at the 
butt for long piles or piles more than twenty feet in length. 

No wood pile shall be weighted with a load exceeding forty 
‘thousand pounds. 

When a wood pile is not driven to refusal, its safe sustain- 
ing power in pounds shall be determined by the following 
“formula: 

Twice the weight of the hammer in pounds multiplied by 
the height of the fall in feet divided by the penetration of pile 
under the last blow in inches plus one. 

The Inspector of Buildings shall be notified of the time 
“when such test piles of wood will be driven, that he may be 
“present either in person or by representative. 

When required conerete shall be rammed down in the in- 
‘terspaces between the heads of the piles to a depth and thick- 
‘ness of not less than twelve inches, and for one foot in width 
‘outside of the piles. 


§ 35. Concrete Piles. 


Piles may be made of concrete, either reinforced or plain. 

Plain conerete piles must be molded in place by methods 
“which are reasonably certain to secure perfect, full-sized 
piles; reinforced concrete piles, if properly designed. to resist 
the shock of driving, and if driven with a cushion to lessen 
the shock, or if put down by a water jet, may be molded, al- 
lowed to harden, and then driven or jetted into place. 

In: case concrete piles are used, whether reinforced or other- 
-wise, their bearing power shall be determined by putting in one 
or more test piles and loading them after the concrete is suffi- 
elently hard. 

The full working load in the structure shall not be more 
‘than one-third of the load under which the pile begins to settle. 

In no ease, however, shall the load on a conerete pile ex- 
«ceed fifty thousand pounds per square foot of cross section 
of conerete plus 6,000 pounds per square inch on any longi- 
tudinal steel reinforcement. 


§ 36. Foundation Walls. 


Foundation walls shall be construed to inelude all walls 
sand piers built below the curb level or nearest tier of beams 
‘to the curb, or to the average level of the ground adjoining 


BUILDING DEPARTMENT. (Op 


the walls, to serve as supports for walls, piers, columns, girders, 
posts or beams. 

Foundation wall shall be built of stone, brick, cement, con-- 
erete, iron or steel. 

If built of rubble, stone, brick or conerete, they shall be 
at least four inches thicker than the wall next above them 
to a depth of twelve feet below curb or grade level, and for 
every additional ten feet or part thereof deeper, they shall 
be increased four inches in thickness, but no foundation wall 
of rubble stone shall be less than eighteen inches thick. 

Base Course—The footings or base course shall be of stone 
or conerete or both, or-of concrete and stepped-up brick- 
work, or brick-work of sufficient thickness and area to safely~ 
bear the weight to be imposed thereon. If the footing or 
base course be of conerete, the conerete shall not be less than 
eight inches thick. 

If of stone, alternate stones shall extend through the wall 
and be at least six inches in thickness. If stepped-up foot- 
ings of brick are used, the off-sets, if laid in single courses, 
shall each not exceed one and one-half inches, or if laid im 
double courses, then each shall not exceed three inches, off- 
setting the first course of brick-work back one-half the thick- 
ness of the concrete base so as to properly distribute the load’ 
to be imposed thereon. 

Headers in Stone Walls.—All stone walls twenty-four inches: 
or less in thickness shall have at least one header extending- 
through the wall in every five feet in each course, and if over 
twenty-four inches in thickness, shall have one header for 
every six superficial feet on both sides of the wall laid on top of 
each other to bond together and running into the wall at least: 
two feet. 

All headers shall be at least twelve inches in width and be 
well shaped flat stones. 

No stone in a rubble wall shall have a bed less than the rise, 
and in no ease shall the bed be less than six inches. 

All foundation walls shall be laid in cement mortar. 


§ 37. Grillage in Foundations. 


Grillage beams of wrought iron or steel resting on a proper 
eonerete bed may be used. Such beams shall be provided with 
separators and bolts inclosed and filled solid between with con— 
erete and of such sizes and so arranged as to transmit with 
safety the superimposed loads. 


100 BUILDING DEPARTMENT. 


PART: VIL 
WALLS, PIERS AND PARTITIONS. 


S 38. Material of Walls. 


The walls of all buildings other than frame or wood build- 
ings shall be constructed of stone, brick, cement, concrete, iron 
‘or steel or other hard incombustible material, and the several 
component parts of such buildings shall be as herein provided. 
All buildings shall be inclosed on all sides. 

Piers or Buttresses.—In all walls of the thickness specified 
in this Code the same amount of material may be used in piers 
or buttresses. 

Bearing Walls Defined.—Bearing eae shall be taken to 
‘mean those walls on which beams, girders or trusses rest. 

Bearing Walls With Openings.——If any horizontal section 
‘through any part oi any bearing wall in any building shows 
more than thirty per cent of flues and openings, the said wall 
‘shall be increased four inches in thickness for every fifteen 
per centum or fracticn thereof of flue or opening area in ex- 
cess of thirty per centum. 

Brick and Masonry Work.—The walls and piers of all 
buildings shall be properly and solidly bonded together with 
lose joints filled with mortar. They shall be built to a line 
cand be earried up plumb and straight. .The walls of each story 
shall be built up the full thickness to the top of the beams 
above. 

All brick laid in non-freezing weather shall be well wet 
before being laid. 

Isolated piers shall not exceed in height ten times their 
dJeast dimensions. 

Stone Posts Under Interior Columns.—Stone ete for the 
<support of posts or columns above shall not be used in the in- 
terior of the building. 

Piers.and Walls of Coursed Stone.—Where nals or Bs 
side piers are built of coursed stones with dressed level beds 
and vertical joints, such walls or piers may be built of a less 
‘thickness than specified for brick work, but in no ease shall 
said walls or piers’ be less than three- arate on the thick- 
ess provided for brick-work. ties 

Heading Courses in Brick Walls. ars all ice walls every 
sixth course shall be a heading course, except where walls are 
faced with briek in running hands in ‘which latter: case every 
‘sixth course shall be bonded into the backing by eutting the 
«ourse of the face brick and putting in diagonal headers be- 


BUILDING DEPARTMENT, 101 





hind the same, or by splitting the face brick in half and back- 
ing the same with a continuous row of headers. 

Where face brick is used of a different thickness from the 
brick used for the backing, the courses of the exterior and 
interior brick-work shall be brought to a level bed at in- 
tervals of not more than ten courses in height of the face 
brick, and the face brick shall be properly tied to the backing 
by a heading course of the face brick. 

All bearing walls faced with brick laid in running bond 
shall be four inches thicker than the walls are required to be 
under any section of this Code. 

If brick walls are laid in Flemish bond, all headers must be 
full headers, if possible. Where this is not possible, the headers 
of every sixth course must be full headers, and in this case 
the thickness of the wall must be four inches greater than it 
would otherwise be under the requirements of this law. 


§ 39. Ashlar. 


Stone ashlar facing shall in no ease be less in thickness than 
four inches. Stone ashlar facing shall not be counted in the 
thickness of a wall unless it meets with thé following require- 
ments: 

Ist. It shall be in courses not more than fifteen inches in 
height. 

2nd. The courses must be adjusted so that the top of the 
ashlar course shall come out flush with the top of the corre- 
sponding course of brick backing. 

3rd. The ashlar facing must be bonded to backing by alter- 
nate courses differing in depth four or eight inches. 

4th. Each piece of stone ashlar shall be bonded to the brick 
backing with at least one piece of galvanized iron one-eighth 
inch thick by one and one-quarter inches broad and turned up 
or down at least one inch at each end, bearing two and one-half 
inches on stone ashlar and reaching at least nine inches into 
the brick backing. Pieces of stone ashlar more than two feet 
in length shall have at least two anchors. Stone ashlar facing 
without bonding courses, as provided in paragraph 3, shall have 
anchors binding it to backing, as provided in this paragraph, 
but shall not be counted in the thickness of the wall. 

Mortar for Walls and Ashlar.—All foundation walls, iso- 
jated piers, parapet walls and chimneys above roofs shall be 
laid in cement mortar. 

The backing up of all stone ashlar shall be laid with cement 
mortar, but the back of the ashlar may be pargetted with lime 


102 BUILDING DEPARTMENT. 


mortar or stainless cement or coated with asphalnm varnish to 
prevent discoloration of the stone. 

All other walls built of brick or stone, except foundation 
walls, may be laid with lime mortar, cement mortar or lime and 
cement mortar mixed, all made as prescribed in section 22. 


§ 40. Height of Buildings. 


The height of a building shall be measured from the curb 
or the grade level of the lot at the center of the front of the 
building to the top of the highest point of the roof beams, not 
including in such measurement of height cornices which do not 
extend more than five feet above the roof beams, nor inclosures 
for the machinery of elevators which do not exceed twenty feet 
in height above the roof beams and do not exceed in united area 
ten per centum of the area of the roof. 

If the grade of the lot or adjoining street in the rear or 
along the side of the building falls below the grade of the 
front, the height shall be taken in the center of the side show- 
the greatest fall. 

No non-fireproof building or structure outside the fire limits 
shall exceed seventy feet in height, but this shall not apply to 
spires of churches or similar buildings outside of the fire limits 
which may be constructed of wood to a height of 125 feet above 
the curb level. 

Height of Cellars, Basements and Stories—The height of 
all cellars, basements and stories shall mean the perpendicular 
distance from the top of the finished floor to the underside of 
the finished ceiling above. 


Cellars. 


A cellar shall be taken to mean the lowest portion of a 
building, the floor of which is below the grade level at the 
center of the front of the building more than three-fourths of 
the height of said portion. 

The height of a cellar shall not be less than seven feet, if 
it is used for purposes other than conduits for pipes. 

Basements.—A basement shall be taken to mean that por- 
tion of a building the floor of which is below the curb or grade 
level at the center of the front of the building more than thirty 
inches and not more than three-fourths of the height of said 
portion measured from floor to ceiling. 

The height of a basement shall not exceed twelve feet. If 
more than that height, or if at any place on any wall facing a 
street or public way, its floor is level with or higher than the 


BUILDING DEPARTMENT. 103 


eurb or grade level, it shall be counted as the first story of the 
building. 


§ 41. Meaning of Stories. 


The first story shall be taken to mean the story the floor of 
which is first above the basement or cellar. 
Height of Stories—The height of stories for all given thick- 


ness of walls shall not exceed— 


CRIMP CUE) IPN bale wha dca ee kis Shake & a’ 8 0 16 feet in the clear 
SeTICEO De ip DE ty oe CE ow gin 14 feet in the clear 
Ly ORAS Sh I ore eae ae ee & ae eae 12 feet in the clear 
Pourcpennd tipper stories: *. 8.08. tae 11 feet in the clear 


If any story exceeds the foregoing heights, the walls of 
any such story and all walls below that story shall be in- 
ereased four inches in thickness. 


§ 42. Walls for Dwelling House Class. 


The expression ‘‘ Walls for Dwelling House Class’’ shall be 
taken to mean and include walls for the following bulidings: 


Apartment Houses Hotels 
Apartment Hotels Laboratories 
Asylums Lodging Houses 
Club Houses Parish Buildings 
Convents Schools 
Dormitories Studios 
Dwellings Tenements 
Hospitals 


For buildings in the dwelling house class, the minimum 
thickness of all independent surrounding and dividing walls 
in the same earrying the loads of floors and roofs shall be 
made in accordance with the following table, in which the 
length of wall is limited to fifty feet: 


104 


BUILDING DEPARTMENT. 





Length—50 feet 
Height 





One Story sone wee 


Two Stories... 


Three Stories ..... 


Four Stories .. 


Five Stories .<-.oe.%: 
MIX SSTOLIGR. Face ete: 
Seven Stories .... 
Eight: Stories <.-... 





Dwelling House Class Brick Walls. 


Minimum thickness in inches. 








Basement 

op Oe hk ag meen moatorigg 

Cellar 
Stone. Brick. 1 2 Hy 4 5 6 7 & 
184432402 

TS) lo | bei 

MAA il Ted OC Loa Le 

Pi tae A Mo R tal Shaan Bossi Os seen 3 AS! 

2b ZUR AG st bee elie ato a aa 

Ap Ee We Meme 0 Ra te Dar ge re By ts Ber te Tees ole Ue 

3.0 266 Oh yee OS ot a YL at eee 

30 20°26. 215 021 7 oe ae 





If walls are unlimited in length, the top two stories shall 
be thirteen inches thick and increase four inches in thickness 
every two stories downward to foundation. 


§ 43. Walls for Warehouse Class. 


The expression, ‘‘Walls for Warehouse Class,’’ 
taken to mean and include walls for the following build- 


ings: 


Armories 
Barns 
Breweries 


Carriage Houses 


Churches 
Churches 


Cooper Shops 
Court Houses 


Factories 
Foundries 
Garages 
Jails 
Libraries 


Light and Power Houses 
Machine Shops 


Markets 


Mills 
Museums 


Observatories 


Office Buildings 
Police Stations 
Printing Houses 
Public Assembly Buildings 
Pumping Stations 
Railroad Buildings 


Refrigerating Houses 


Stables 
Stores 


Sugar Refineries 


Theatres 


Warehouses 


Wheelwright Shops 


shall be 


For buildings in the warehouse class twenty-five feet or less 
in width between walls or bearings, the minimum thickness of 
all independent surrounding or dividing walls in the same 
carrying the loads of floors and roofs shall be made in ae- 


BUILDING DEPARTMENT. 195 





eordance with the following table, in which the length of wall 
is limited to 60 feet: 





Brick Buildings—-Warehouse Class. 
Minimum thickness in inches. 




















Basement 

Length—60 feet or Stories 

Height Cellar 

; Ones lirici ple aerate ds Mod wok AE ee Oh ke 8 
RPM ePLOY Y< 25 6.3.6 a Peerc Fl 3 
PeipebertOriGs: et. we Oe L138 18 
mireessnoriess. 27... 2022004 7 47 51850138 
PPP StOMoni wns othe ok le be 18 18 
REALL TSS SY SSI oi A oie ai RRA Pe Me Geet Kay 6a Wis Jeera ty 4 
MOGs te se oo Oy age ed ed La ek tet 
Tie 20 ta A eae 2G} ok. Moab ae 1 Pea oth s rd: 
nt Mitten marty hoe SOE (hi' 2 Oi oO fia Loncad: sok ob Te toes 138 





§ 44. Unlimited Walls. 


If walls are unlimited in length the top story shall be thir- 
teen inches in thickness and walls increased four inches in 
thickness every two stories downward to foundation. Un- 
limited walls in either the dwelling house class or the ware- 
house class may be built the same as the fifty-foot or sixty-foot 
limited walls when there is an offset of not less than three feet 
or an intersecting wall at the fifty-foot or sixty-foot limit. 

When walls are used as party walls in non-fireproof build- 
ings the thirteen-inch sections of the wall shall have corbeled 
ledges to carry the ends of the beams or be increased in thick- 
ness to not less than seventeen inches, and the beams entering 
the walls shall be staggered. 

When used for bearing party walls in fireproof buildings no 
portion of the walls shall be less than seventeen inches in thick- 
ness. 

If there is to be a clear span of over twenty-five feet be- 
tween the bearing walls in any building, such walls shall be 
four inches thicker than in this section specified for every 
twelve and a half feet or fraction thereof that said walls are 
more than twenty-five feet apart, or shall have instead of the 
increased thickness such piers or buttresses as are necessary 
to give strength equal to walls of such increased thickness. 


106 BUILDING DEPARTMENT. 


§ 45. Walls for Public Buildings. 


The walls of buildings of a public character shal be not less 
than in this Code specified for warehouses with such piers or 
such buttresses, or supplement column of iron or steel properly 
insulated as provided in sections 144, 145 and 146 as may be 
necessary to make a safe and substantial building. 


§ 46. Walls Increased or Reduced in Thickness. 


All buildings, not excepting dwellings that are over one hun- 
dred and five feet in depth without a crosswall or proper piers 
or buttresses, shall have the side or bearing walls increased in 
thickness four inches more than is specified in the respective 
sections of this Code for the thickness of walls for every one 
lundred and five feet or part thereof that the said buildings 
are over one hundred and five feet in depth. 


Reduced Thickness of Interior Walls.—In ease the walls of 
any building are less than twenty-five feet apart and less than 
forty feet in depth, or there are crosswalls which intersect 
the walls not more than forty feet distant, or piers or buttresses 
built into the walls, the interior walls may be reduced in thick- 
ness in just proportion to the number of crosswalls, piers or 
buttresses and their nearness to each other, provided, how- 
ever, that this clause shall not apply to walls below fifty-five 
feet in height, and that no such wall shall be less than twelve 
inches thick at the top and gradually increased in thickness by 
set-offs to the bottom. 


§ 47. Inclosure Walls for Skeleton Structures. 


Walls of brick built in between iron or steel columns and 
supported wholly or in part on iron and steel girders, shall not 
be less than thirteen (13) inches thick for sixty-five feet of the 
uppermost height thereof, or to the nearest tier of beams to 
that measurement in any building so constructed. 

And the lower section of sixty feet, or to the nearest tier 
of beams to such vertical measurement or part thereof, shall 
have a thickness of four inches more than is required for the 
section next above it down to the tier of beams nearest to the 
eurb level; 


And fiend downward, the thickness of walls. shall 
increase in the ratio prescribed in section 36 of this Code. 

Reduced Thickness for Adjoining Walls—When two inde- 
pendent builidngs of skeleton type of construction and of the 
same height adjoin each other, the thickness of the said inde- 


BUILDING DEPARTMENT. 107 





pendent walls above the foundation for such sections where 
they adjoin may be not less than nine inches. 


§ 48. Existing Party Walls. 


Walls heretofore built for or used as party walls, whose 
thickness at the time of their erection was in accordance with 
the requirements of the then existing laws, but which are not 
in accordance with the requirements of this Code, may be used, 
if in good condition for the ordinary use of party wails, pro- 
vided the height of the same be not increased. 

Lining Existing Walls.—In ease it is desired to increase the 
thickness of any existing wall in order to increase the height 
of a building, or to utilize a party wall in the construction of 
a new building, and where the thickness of the wall is less than 
is required by the Code, but is otherwise a good wall, the same 
shall be done by a lining of brickwork to form a combined 
thickness with the old wall of not less than four inches more 
than the thickness required in the Code for a new wall of 
similar height. 3 

The said linings shall be supported on proper foundations. 

No linings shall be less than nine inches in thickness and all 
lining shall be laid up in cement mortar and thoroughly an- 
chored to the old brick by cutting out the course of brick under 
headers of old wall in slats of seventeen inches in length, leav- 
ing space of eight inches intact between slats and cleaning 
out all old mortar in portions cut out, then welting old wall 
and inserting new headers joining old and new walls with 
joints filled with cement mortar. The old walls shall first be 
eleaned of plaster or other coating and joints in old wall 
hacked or roughened and space between old and new walls 
grouted each course with thin cement mortar. 


§ 49. Walls to be Braced. 


The walls and beams of every building during the erection 
or alteration thereof shall be strongly braced from the beam of 
each story, and when required shall also be braced from the 
outside until the building is inclosed. 


§ 50. Arches and Lintels. 


Openings for doors and windows on enclosing walls of all 
buildings shall have good and sufficient arches of stone, brick 
or terra cotta built and keyed with good and sufficient abut- 
ments or lintels of stone, iron or steel or reinforced concrete of 


108 BUILDING DEPARTMENT. 


sufficient strength which shall have a bearing at each end of 
not less than five inches on the wall. 

Inside Lintels.—On the inside of all openings in which lin- 
tels are less than the thickness of the wall to be supported, 
there shall be timber lintels which shall rest at each end not 
more than three inches on any wall; or the inside lintel may be 
of cast iron or wrought iron or steel. 


§ 51. Parapet Walls. 


All exterior and division or party walls over fifteen feet 
high, excepting where such walls are to be finished with cor- 
nices, gutters or crown mouldings shall have parapet walls not 
less than thirteen inehes in thickness and carried two feet above 
the roof. 

But for warehouses, factories, stores and other buildings 
used for commercial or manufacturing purposes the parapet 
walls shall be not less than twelve inches in thickness and ear- 
ried three feet above the roof. 

And all such walls shall be coped with stone or terra cotta. 


§ 52. Hollow Walls. 


In all walls that are built hollow the same quantity of stone, 
brick or conerete shall be used in their construction as if they 
were built solid, as in this Code provided. 

And no hollow wall shall be built unless the parts of same 
are connected by proper ties. 

The inside four inches of any wall may be built of hard- 
burned hollow brick properly tied and bonded by means of 
full header courses every sixth course into the walls and of 
the dimension of the ordinary bricks. 

Where hollow tile or porous terra cotta blocks are used 
as lining or furring for walls, they shall not be included in the 
measurement of the thickness of such walls. 


§ 53. Recesses and Chases in Walls. 


Recesses for stairways or elevators may be left in the foun- 
dation or cellar walls of all buildings, but in no ease shall the 
walls be of less thickness than the walls of the fourth story, 
unless reinforced by additional masonry piers or with iron or 
steel girders or iron or steel columns and girders, properly in- 
sulated and securely anchored to walls on each side. 


BUILDING DEPARTMENT. 199 





§ 54. Recesses for Alcoves. 


Recesses for aleoves and similar purposes shall have not less 
than nine inches of brickwork at the back of such recesses, and 
such recesses shall be not more than eight feet in width and 
shall be arched or spanned with iron or steel lintels, and not 
earried up higher than eighteen inches below the bottom of the 
beams of the floor next above. 

Chases for Pipes.—No chase for water or other pipes shall 
be made in any pier and in no wall more than one-third of its 
thickness. 

The chases around said pipe or pipes shall be filled up with 
solid masonry for the space of one foot at the top and bottom 
of each story. 


Aggregate Area for Recesses and Chases.—The aggregate 
area of recesses and chases in any wall shall not exceed one- 
fourth of the whole area of the face of the wall on any story, 
nor shall any such recess be made within a distance of six feet 
from any other recess in the same wall. 


§ 55. Light and Vent Shafts. 


All the walls or partitions forming interior light or vent 
shafts starting from the ground shall be built of brick or other 
clay products, or stone, masonry or concrete. 


Walls enclosing such shafts and beginning at any floor 
above the first floor may be of studding covered in the inside 
with plaster on metal laths and covered on the outside with 
cement, plaster or metal laths or with tin or galvanized iron. 
All window or door openings shall have metal frames and 
sash with wire glass or fireproof doors. The walls of all hght 
or vent shafts, whether exterior or interior, shall be carried up 
not less than eighteen inches above the level of the roof. If 
the walls are of brick, they shall be coped as other parapet 
walls. 

When metal Louvres are used for ventilating purposes, the 
Louvres or slats shall be riveted to the metal frame. 


§ 56. Brick and Hollow Tile Partitions. 


Eight-inch brick, six-inch hollow tile, four-ineh brick or 
four-inch hollow tile partitions of hard-burnt clay or porous 
terra cotta laid up with cement mortar. may be built not ex- 
ceeding in their vertical portions a measurement of fifty feet 
for the eight-inch, thirty-six feet for the six-inch and twenty- 
four feet for the four-inch, respectively, and in their horizontal 


110 BUILDING DEPARTMENT. 


measurements a length not exceeding seventy-five feet» unless 
said partition walls are strengthened by proper crosswalls, piers 
or buttresses, or built in iron or steel frame work when the 
latter is imbedded in or insulated by the same material of which 
the partition is constructed and shall not be used as floor- 
bearing walls. 

All such partitions shall be carried on proper foundations, or 
on iron or steel girders, or on iron or steel girders and columns 
properly insulated, or piers of masonry. Reinforced concrete 
may be used. 


§ 57. Cellar Partitions in Residence Buildings. 


Bearing partition walls in the cellar or lowest story in resi- 
dence buildings shall be constructed of brick not less than 
thirteen inches thick; 

Or piers of brick with openings arched over below the under 
side of the first tier of beams; 

Or girders of iron or steel on piers of masonry, or on iron 
columns may be used. 

Or if iron or steel floor beams spanning the distance be- 
tween bearing walls are used of adequate strength to support 
the stud partitions above in addition to the floor load to be 
sustained direct by the said iron or steel beams, then the brick 
partition or its equivalent may be omitted. 

Stud partitions which may be placed in the cellar or lowest 
story of any building shall have good, solid stone, brick or 
cement concrete foundation walls under the same, which shall 
be built up to the top of the floor beams or sleepers. 


§ 58. Vaults, Area Ways and Cellars. 


In buildings where the space under the sidewalks is utilized, 
a sufficient stone or brick or econerete wall or arches between 
iron or steel beams shall be built to retain the roadway of the 
street, and the side, end or party walls of sueh building shall 
extend under the sidewalk of sufficient thickness to such wall. 

The roofs of all vaults shall be of incombustible material. 

Openings in the roofs of vaults for the admission of coal or 
light or for manholes or for any purpose, if placed outside the 
area lines, shall be covered with glass set in iron frames, each 
unit of glass to measure not more than sixteen square inches, 
or with iron covers having a rough surface and rabbéted into 
or made flush with the sidewalk. 


When any such cover is placed in any sidewalk, it shall be 
placed as near as practicable to the outside line of the curb. 


BUILDING DEP: RTMENT. t11 


All open areaways shall be properly protected with suitable 
railings. 

The floor of the cellar or lowest story in every dwelling 
house, apartment house, tenement house, lodging house, hotel, 
apartment hotel, workshop, factory, school, church, hospital and 
asylum, shall be conereted not less than four inches thick. 

Where wood floors are to be laid in such cellars or lowest 
stories the sleepers shall be placed on top of the concrete. 


§ 59. Walls for Cottages. 


Cottages, private stables or other small structures where the 
bearing walls are not more than twelve (12) feet in height 
above the top of the cellar or foundation wall, may be made 
only nine (9) inches thick. 

Such walls must be laid in Portland cement mortar. 


PART VILL 
CHIMNEYS, FLUES, FIREPLACES AND HEATING PIPES. 


§ 60. Chimneys. 


Chimneys in all buildings shall be made of brick, stons, 
concrete or metal. If built of stone or concrete of any thick- 
ness of walls, they shall have proper flue lining. 

No chimney shall be started or built upon any floor or beam 
of wood. 

In no ease shall a chimney be corbelled out more than eight 
inches from the wall, and in such cases the corbelling shail 
consist of at least five courses of brick. 

When chimneys are supported by piers, the piers shall start 
from the foundation on the same line with the chimney breast 
and shall be not less than twelve inches on the face, properly 
bonded into the wall. 

When a chimney is to be cut off below in whole or in part, 
it shall be wholly supported by stone, brick, concrete, iron or 
steel. 

All chimneys which shall be dangerous in any manner what- 
ever shall be repaired and made safe or taken down. 

Chimneys shall be finished on top with single blocks of 
stone, terra cotta or concrete, or with cast iron plates, except, 
however, that the tops of chimneys in buildings not more than 


a BUILDING DEPARTMENT. 


Oe 


three stories in height may be topped out with brick laid 1n 
Portland cement mortar in leu of coping. 

Chimneys projecting through roofs more than s1x feet shall, 
if the walls of the chimney are less than nine inches thick, be 
anchored to the roof timbers by suitable iron bands and .tie 
rods. 

If any chimney, flue or stack is hable to emit sparks, or if. 
shavings or sawdust are used as fuel, it shall be covered over 
on top with heavy iron netting. 


§ 61. Chimneys of Cupolas. 


Chimneys or stacks connected to iron cupolas in foundries, 
and other chimneys of which a similar service is required, shall 
extend not less than ten feet above the highest point of any 
roof within a radius of 100 feet. This applies to all chimneys, 
flues or stacks already built or to be built. 


§ 62. Chimney Walls. 


The thickness of all chimney walls shall be sufficient to meet 
all requirements of temperature, direct loading and wind pres- 
sure. 

The brick work of the smoke flues of all low pressure boil- 
ers, furnaces, bakers’ ovens, large cooking ranges, large laundry 
stoves and all flues used for a similar purpose shall be at least 
eight inches in thickness and lined continuously on the inside 
with well-burnt clay or terra cotta pipe, and shall be capped 
with terra cotta, stone or cast iron. 

The walls of all high pressure boiler flues shall be not less 
than twelve inches and the inside four mcehes of such walls 
shall be firebrick laid in fire mortar for a distance of twenty- 
five feet in any direction from the source of heat. 

All smoke flues of smelting furnaces or of steam boilers or 
other apparatus which heat the flues to a high temperature, 
shall be built with double walls of suitable thickness for the 
temperature with an air space between the walls, the inside four 
inches of the flues to be fire brick laid in fire mortar for a 
distance of not less than twenty-five feet in any direction from 
the source of heat. 

For any now existing brick building where it becomes neces- 
sary to provide a smoke flue of larger size than any flue within 
the building, such flue may be placed on the outside of the 
building, but within the lot lines of same, and be made round 
in shape and of galvanized sheet metal not less than one-tenth 
of an inch in thickness, properly riveted together at all joints, 


BUILDING DEPARTMENT. Li 





and earried up to a height not less than ten feet above the roof, 
and be properly braced at intervals for its entire length with 
flat iron bands secured with expansion bolts to the wall, leav- 
ing a free air space of not less than four inches between the 
outside of the metal flue and the brick wall of the building, 
and have a elean-out door at the bottom. This metal flue shall 
rest on a suitable cast iron plate at the bottom, supported on a 
suitable foundation of masonry. 


§ 63. Chimney Flues. 


Chimneys shall be constructed not less than four feet above 
fiat roofs and not less than two feet above the peak of a pitched 
roof. 

On dwelling houses and stables three stories or less in 
height, not less than six of the top courses of a chimney may 
be laid in pure cement mortar and the brick work carefully 
bonded and anchored together in lieu of coping. 

No smoke flue shall be less than seven by eleven inches, nor 
any furnace flue less than seven by eleven inches, exclusive of 
thickness of lLning in each ease. 

Every smoke flue shall be lined continuously on the inside 
with well-burnt clay or terra cotta pipe made smooth on the 
inside from the bottom of the flue, or from the throat of the 
fireplace if the flue starts from the latter, and carried con- 
tinuously to extreme height of the flue. The ends of all such 
lining pipes shall be made to fit close together and the pipe 
shall be built in as the flue or flues are carried up and space 
between flue lining and wall made solid with cement mortar. 
Each fiue shall be inclosed on all sides with not less than eight 
inches of solid brick work, properly bonded together, except 
that the withes or brickwork between lined flues on the inside 
of the chimney may be four inches in thickness, and except 
further, that chimneys for cottages and top twenty-five feet 
of chimneys in other residence buildings may have outside 
walls of four inches in thickness if properly lined, but if not 
lined, such chimney walls must be eight inches thick and the 
joints both inside and out must be struck smooth. 

Pargeting mortar shall not be used in the inside of any 
chimney. 


§ 64. Fireplaces and Hearths. 


The firebacks of all fireplaces shall be not less than eight 
inches in thickness of solid brickwork. When a grate is set 
in a fireplace.a lining of firebrick at least two inches in thick- 


114 EUILDING DEPARTMENT. 





ness shall be added to the fire back, unless tile or cast iron is 
used and filled solidly behind with fireproof material. 


§ 65. Trimmer. Arches. ° 


All fireplaces and chimney breasts where mantels are placed, 
whether intended for ordinary fireplace uses or not, shall have 
trimmer arches to support hearths; 

And the said arches shall be at least twenty inches in width 
measured from the face of the chimney breast, and they shalt 
be constructed of brick, stone, burnt clay or concrete. 

The length ofa trimmer arch shall be not less than the 
width of the chimney breast. 

Wood centers under trimmer arches shall be removed before 
plastering the ceiling underneath. 

' If a heater is placed in a fireplace, then the hearth shall be 
the full width of the heater. 

All fireplaces in which heaters are placed shall have in- 
combustible mantels. 

No wood mantel or other woodwork shall be exposed back 
_ of a summer piece; the iron work of the summer piece shall be 
' placed against the brick or stone work of the fireplace. 

No fireplace shall be closed with a wood fireboard. 


§ 66. Hot Air Flues, Pipes and Vent Ducts. 


_ All stone or brick hot air flues and shafts shall be lined 
with tin, galvanized iron or burnt clay pipes. 

No wood. casing, furring or lath shall be placed against or 
cover any smoke flue or metal pipe used to convey hot air or 
steam. 

No smoke pipe shall pass through any floor. 

No stove pipe shall be placed nearer than nine inches to 
any lath and plaster or board partition, ceiling or any wood- 
work. 

Smoke pipes of laundry stoves, large cooking ranges and of 
furnaces shall be not less than fifteen inches from any wood- 
work, unless they are properly guarded by metal shields; if 
so guarded, stove pipes shall be not less than nine inches dis- 
tant. 

Where smoke pipes pass through a lath and plaster parti- 
tion, they shall be guarded by galvanized iron ventilated thim- 
bles at least twelve inches larger in diameter than the pipes, or 
by galvanized iron thimbles built in at least eight inches of 
brickwork. 


BUILDING DEPARTMENT. 115 





§ 67. Smoke Pipes Through Roofs. 


No smoke pipe shall pass through the roof of any building 
unless a special permit be first obtained from the Inspector of 
Buildings for the same. If a permit is so granted, then the 
roof through which the smoke pipe passes shall be protected 
in the following manner: 

A galvanized iron ventilated thimble of the following di- 
mentions shall be placed: 

In Case of a Stove Pipe.—The diameter of the outside guard 
shall be not less than twelve inches and the diameter of the 
inner one eight inches larger than the smoke pipe, and for all 
furnaces, or where similar large hot fires are used, the diameter 
of the outside guard shall be not less than eighteen inches and 
the diameter of the inner one twelve inches larger in diameter 
than pipe. The smoke pipe thimbles shall extend from the un- 
der side of the ceiling or roof beams to at least nine inches 
above the roof, and they shall have openings for ventilation at 
the lower end where the smoke pipes enter, also at the top 
of the guards above the roof. 

In Case of a Boiler Pipe—wWhere a smoke pipe of a boiler 
passes through a roof the same shall be guarded by a ventitaled 
thimble, same as before specified, thirty-six inches larger than 
the diameter of the smoke pipe of the boiler. 


§ 68. Hot Air Pipes. 


All pipes or conductors to be used for the transmission of 
air, or for heating purposes in any building, shall be made of 
two sheets of tin or other suitable metal fastened together 
so as to leave air space of not less than one-fourth of an inch 
between the sheets of metal. 

The studding or lath shall be covered with tin on the sides 
next to the pipe and there shall be not less than one-half inch 
space between the hot air pipe and the studding or wood 
lath. 


Hot air pipes in closets shall be enclosed with metal laths 
and plaster. 

No plaster shall be put on covering the space occupied by 
heating pipes in walls or partitions until the pipes have been 
inspected and approved by the Inspector of Buildings or one 
or his assistants. 

No vertical hot air pipe shall be placed in a stud partition, 
unless it be at least five feet distant in a horizontal direction 
from the furnace. 


116 BUILDING DEPARTMENT’. 








Horizontal hot air pipes shall be placed at least six inches 
below the floor beams or ceiling; if the floor beams or ceiling 
are plastered and protected by a metal shield, then the distance 
shall be not less than three inches. 


§ 69-a. Ducts for Ventilation. 


Vent flues or ducts for the removal of foul or vitiated air, 
in which the temperature of the air cannot exceed that of the 
rooms, may be constructed of iron or other incombustible ma- 
terial, and shall not be placed nearer than one inch to any 
woodwork, and no such pipe shall be used for any other pur- 

ose. 
: In buildings of fireproof construction, ventilating shafts 
passing through floors shall be constructed of fireproof material 
not less than four inches in thickness. Any opening in such 
ducts or shafts shall be protected by automatically closing fire- 
doors or by metal louvres riveted into metal frames, and such 
ducts ‘shall open to the outside of the building. 


§ 69-b. Vent Ducts in Publie Schools. 


In the support or construction of such ducts, if placed in @ 
public school room, no wood furring or other inflammable ma- 
terial shall be nearer than two inches to said flues or ducts, and 
shall be covered on all sides other than those resting against. 
brick, terra cotta or other incombustible material, with metal 
lath plastered with at least two heavy coats of mortar and hav- 
ing at least one-half inch air space between the flues or ducts 
and the lath and plaster. 


§ 69-c. Steam and Hot Water Heating Pipes. 


Steam or hot water heating pipes shall not be placed within 
two inches of any timber or woodwork, unless the timber or 
woorwork is protected by a metal shield, then the distance 
shall be not less than one inch. . 

All steam or hot water heating pipes passing through floors 
and ceilings or lath and plastered partitions, shall be protected 
by a metal tube passing entirely through floor and ceilings or 
partitions one inch larger in diameter than the pipe, having 
a metal cap at the floor, and where they are run in a horizontal 
direction between a floor and ceiling a metal shield shall be 
placed on the under side of the floor over them and on the 
sides of wood beams running parallel with said pipes. 


BUILDING DEPARTMENT. Pie 


All wood boxes or casings inclosing steam or hot water 
heating pipes and all wood covers to recesses in walls in which 
steam or hot water heating pipes are placed shall be lined with. 
metal. 

All pipes or ducts used to convey air warmed by steam or 
hot water shall be of metal or other fireproof material. 

All steam and hot water pipe covering shall consist of fire-. 
proof materials only. 

Plumbing Pipes.—Cold water or other exposed plumbing” 
pipes shall have the surrounding air space closed off at the ceil- 
ing and floor line of any floor through which any such pipe or: 
pipes shall be carried. 

Vents for Gas Stoves and Grates.—No natural or artificial 
gas shall be burned in any grate, furnace, water heater or 
range, unless said grate, furnace, water heater or range be 
connected with a suitable flue for carrying off the products of 
combustion. 


PART IX. 
WOOD BEAMS, GIRDERS AND COLUMNS. 
§ 70. Wood Beams. 


Every wood beam, except header beams, shall rest at one 
end four (4) inches in the wall or upon a girder as authorized 
by this Code, unless the wall is properly corbelled out four (4) 
inches, in which case the brickwork or corbelling shall extend’ 
to the top of the floor beams. 

The ends of all wood floor beams where they rest on brick 
walls shall be cut to a bevel of one inch in four inches, except 
that in no ease shall the top of the beams be less than one inch: 
back of the inner face of the wall. 


§¥ 71. Cross Bridging. 
All wood floor beams shall ‘be properly bridged with cross: 
bridging and the. distance between bridging, or between 
bridging and walls shall not exceed eight feet. 


§ 72. Anchors, 


Each tier of beams shall be anchored to the side, front, rear 
or party wall at intervals of not more than ten (10) feet, with 


418 BUILDING DEPARTMENT. 


good, strong wrought iron anchors of not less than one and a 
half (1144) inches by one-quarter of an inch in size, well 
fastened to the side of the beams by two or more nails at least 
one-fourth (14) of an inch in diameter. Anchors of equal 
efficiency and different design may be used. 


§ 73. Girder Straps. 


Where the beams are supported by girders, the girders 
shall be anchored to the walls and to each other. 


Beam Straps. 


The ends of wood beams resting upon girders shall be 
‘butted end to end and strapped by wrought iron straps of the 
same size and distance apart and in the same beam as the wall 
anchors, and shall be fastened in the same manner as said 
wall anchors, or they may lap each other at least twelve 
(12) inches and be well spiked or bolted together where 
dapped. 


§ 74. Pier Anchors, 


Every pier and wall, front or rear, shall be well anchored 
‘to the beams of each story with the same size anchors as are 
‘required for side walls, which anchors shall hook over the 
fourth beam. 
§ 75. Beams Near Flues. 


Wood beams shall be trimmed away from all flues and 
chimneys, whether the same be a smoke, air or any other flue 
or chimney. No trimmer beam shall be ‘placed nearer than 
‘ten (10) inches of the inside of any flue. 

For the smoke flues of boilers and furnaces when the 
‘brickwork is required to be more than nine (9) inches in 
thickness, the trimmer beam shall be not less than four (4) 
inches from the outside of the brickwork and the header beam 
shall not be less than two (2) inches from the outside of the 
brickwork. 

The header beam carrying the tail beams of a floor and 
ssupporting the trimmer arch in front of a fireplace, shall not 
be less than twenty (20) inches from the chimney breast. 


§ 76. Thickness of Header and Trimmer Beams. 


_ Wood trimmer or header beams shall not be less than one 


BUILDING DEPARTMENT. 119: 





inch. thieker than the, floor or roof beams on the same tier 
where the header is four feet or less in length; and where the- 
header is’ more than four feet and not more _ than 
twelve feet in length, the trimmer and header beams shall be 
at least double the thickness of the floor or roof beams, or shall 
be made of two beams forming such thickness properly 
spiked or bolted together. 

When the header is more than twelve (12) feet in length. 
the strength of the wood construction shall be increased in. 
proportion to the load and span or wrought iron or steel beams. 
of sufficient strength may be used. 

All wooden trimmer beams more than twelve (12) feet in: 
length where the header beam is inserted more than four (4) 
feet from the end of the trimmer beam shall be constructed 
in the same manner as header beams over twelve (12) feet 
in length. 

When header beams carry more than two (2) tail beams. 
they shall be hung to trimmer beams by suitable stirrups and. 
the tail beams framed into header beams or hung thereto by 
stirrups. : 


§ 77. Spacing of Floor Beams. 


Floor beams in dwelling houses, stores and factories shall 
not be more than sixteen inch centers, and in warehouses- 
twelve inch centers. 


§ 78. Studding, 


Studding in frame buildings shall not be less than two by 
four inches, and shall be placed not more than sixteen inches. 
apart. 

All studding shall be traced by diagonal sheathing, bridg- 
ing or proper lateral bracing. 

All floor joists, studding and rafters shall be at least two: 
(2) inches in thickness. 


§ 79. Wood Columns and Plates. 


Timber or iron caps and bases shall be provided for wood 
posts wherever necessary to maintain the lmit of stresses. 
fixed by this Code. 

Loads shall be transmitted from story to story through 
columns by means of iron or steel, in no case should loads be 
transmitted by the intervening wood girder. 


126 BUILDING DEPARTMENT. 


All bolts used in connection with timber framing shall be 
provided with washers large enough to reduce the compression 
in the wood under the washer to the allowable stress, suppos- 
ang the bolt to be strained to its limit. 


PART X, 
GENERAL CONSTRUCTION. 
§ 80. Ducts for Pipes. 


All ducts for pipes, wires and other similar purposes shall 
‘be inclosed on all sides with fireproof material. 

And the opening through each floor shall be properly 
fire-stopped. 

Any door opening in such duct shall be provided with a 
self-closing fire-proof door. 

If the area of such duct exceeds four square feet, the 
‘thickness of the fireproof inclosure shall be not less than four 
(4) inches, and shall extend by a proper fireproof outlet to 
-and through the roof. 


§ 81. Sheathing and Wainscoting. 


No wall or ceiling in any building hereafter erected other 
‘than buildings or portions of buildings occupied exclusively 
for dwelling or elub purposes shall be covered with wood 
sheathing or any combustible material. 

But this shall not exclude, excepting in theaters, the use 
of wood wainscoting to a height not to exceed six (6) feet 
when the surface of the wall or partition behind such wain- 
seoting shall be plastered flush with the grounds and down 
to the floor line, thereby solidly filling the space between the 
wainscoting and the surface of the wall or partition with 
incombustible material. 


§ 82. Bay, Oriel, Show Windows and Balconies. | 


The face of any wall, pilaster or column of any building 
above the level of the first water table shall not project be- 
yond the property line, and no bay or oriel or show window 
or balcony shall project more than four (4) feet over any 
public way, and no part of such projection shall be less than 
ten (10) feet above the sidewalk. 


BUILDING DEPARTMENT. 121 





The floors and walls of bay and oriel windows shall not 
be constructed of materials not allowable in the construction 
of thepadjoining floors and walls, but the walls may be con- 
structed of iron framing covered with sheet metal. 

Every balcony, loggia, porch, veranda or stoop constructed 
as a part of a fireproof building shall be made entirely of in- 
combustible material. 


PART IX. 
STAIRWAYS. 


§ 83. Width, Tread, Risers and Landings. 


The width of the stairways required by this section shall in 
no case be less than three (8) feet six (6) inches in the clear 
between handrails or between the handrail and an enclosed 
side of the stairs. 

The widths given herein are for stairs with straight runs 
or fights; when curved or winding stairs are used their widths 
shall be no less than one and one-quarter (114) times that of 
an equivalent straight run stair, and the given dimensions of 
the treads and risers shall be laid off on the center of such’ 
rum. The width of a tread in any stairs at the narrowest end 
shall not be less than the height of one of its risers. 

All such stairs shall have treads of uniform width and 
risers of uniform height throughout in each flight, and the 
risers shall be not more than eight (8) inches in height and the 
treads exclusive of nosines not less than ten (10) inches. Each 
flight of stairs in every story which exceeds a height of eleven 
(11) feet in the clear shall have a proper landing introduced 
and said landing shall be placed at the central portion vhereof. 
if the stairs be a straight run. 

There shall not be less than three (3) risers between any 
two landings, or any floor and landing, nor shall there be any 
change in the dimensions of treads and risers in any flight 
between two floors, and there shall be at least seven (7) feet 
in the clear between the soffits of the stairs or ceilings of 
floors and nosing of treads at landings. 

If a stair landing is in the direction of its run, its depth 
shall not be less than the sum of two ofits risers and two of 
its treads. 

At angle turns, the landings shall have no winders, and the 
depth shall not be less than the width of the stairway. 


122 } BUILDING DEPARTMENT. 





For stairways returning directly upon themselves, the 
landings shall be the full width of both flights and have a 
depth not less than the width of the stairs over all. 

When two side flights connect with one main flight the 
width of the main flight shall be equal to the aggregate width 
of the side flights, and the depth of the landing shall not be 
less than three-fourths (34) of the main flight over all. 

The stairs shall be provided with proper banisters o1 rail- 
ings and handrails and kept in good repair. 

Stairways six feet or more in width shall have a strong and 
well-braced handrail in the center. 


All stairs shall extend from the ground floor to the top- 
most floor, and when two or more stairways are required they 
shall be located at as great a distance from each other as 
possible. 

This section shall apply to all buildings not otherwise pro- 
vided for in this Code, except ‘‘Private Dwellings,’’ as defined 
in this Code. — 


§ 84. Engineers’ Stationary Ladders. 


Every building in which boilers or machinery are placed 
in the cellar or lowest story shall have stationary iron ladders 
or stairs from such story leading direct to a manhole above on 
the sidewalk or other outside exit. 


§ 85. Stairs, Number Regulated by Occupancy. © 


All public halls (not herein otherwise provided for), rail- 
road depots, stores, warehouses, factories, work shops, club 
houses and other buildings of like character hereafter built, in 
which, above the seeond floor, there is to be, or in which pro- 
vision is made for the employment or assembling of twenty to 
one hundred people, there shall be at least two stairways. 

The width of stairways shall be increased six inches for 
each fifty persons over one hundred until five feet is reached. 
If eight hundred or more persons are employed on such prem- 
ises, the number of stairways shall be increased to three, each 
five feet in width. 

All hotels, school houses, tenement or apartment houses,’ 
hospitals, infirmaries, asylums, homes, reformatories and stores 
with sleeping apartments above the second story for ten or 
more persons, hereafter built, shall have two stairways. 

Stairways shall be increased in width six inches for each 
fifty persons in excess of one hundred for which provision is 
made until such provision shall have reached three hundred 


BUILDING DEPARTMENT. 123 


and fifty or more, then there shall not be less than three stair- 
ways of no less width than six feet each. 

Basement used for living rooms, salesrooms, manufacturing 
purposes, packing purposes, place of assembly or resort or store 
“room in which twenty or more persons are employed, shall 
have at least two stairways leading to the floor above or to 
the street or alley on which said cellar abuts. 


§ 86. Stairs, Number Regulated by Area of Building. 


In any building hereafter erected to be used as an office 
building, store, factory, hotel, lodging house or school covering 
at lot area— 

Exceeding twenty-five hundred (2500) feet and not exceed- 
ing five thousand (5,000) feet, there shall be provided at least 
two (2) continuous lines of stairs remote from each other ; 

And every such building shall have at least one continuous 
line of stairs for each five thousand feet of lot area covered, 
or part thereof, in excess of that required for five thousand 
feet of area. 

When any such building covers an area of lot greater than 
fifteen thousand feet, the number of stairs shall be increased 
proportionately or as will meet with the approval of the In- 
spector of Building. 


§ 87. Stair Hallway Inclosure. 


In all stores, warehouses and factories the staircase halls 
shall be inclosed with suitable walls of brick or with burnt clay 
blocks set in iron frames or such other fireproof materials and 
forms of construction as may be approved by the Inspector of 
Buildings, except that the inclosure walls in such buildings 
exceeding three stories in height shall be of brick. Said walls 
or construction shall be continuous and extend at least three 
feet above the roof. ; 

The roof over the stair hall inclosure shall be covered with 
a metal and glass skylight at least three-eighths of the area 
of the inclosure and constructed and glazed as required for 
skyleghts over elevator inclosures. 

All door openings in such stair hall inelosures shall be pro- 
vided with self-closing fireproof doors and frames, and all 
window openings shall have window frames of metal, and the 
window sash shall be fixel sash of metal and glazed with wired 
glass, but no one pane shall exceed seven hundred and twenty 
square inches in size. 


124 BUILDING DEPARTMENT. 


At least one of such inelosed stair halls in each of said 
buildings shall have a like connecting inclosure hallway in the 
first story and extend to the street, and all door or window 
cpenings in the same shall be provided with doors and win- 
dows as provided for openings in the stair hall inclosures. 

Any hotel building requiring more than one stairway, as 
provided in sections 85 and 86 of this Code, shall have at least 
one such continuous stairway inclosed in the manner described 
in this section. 


PART XII. 
SKYLIGHTS AND FLOOR-LIGHTS. 
§ 88. Metal Skylights. 


The term ‘‘Skylight’’ shall be taken to mean and include 
flat, hipped, lantern, monitor, turret dome, vertical or pitched 
saw-tooth constructions and all other covers placed over open- 
ings on roofs for the admission of light. 

All skylights placed on or in any building shall have the 
frames and sash thereof constructed of metal and glazed. 

All openings in roofs for the admission of light other than 
elsewhere provided in this Code over elevator, stair, dumb- 
waiter shafts and theater stage roofs, shall have metal frames 
and sash, glazed with -wired glass not less than one-quarter 
inch thick, or with glass protected above and below with wire 
screens, of not less than No. 12 galvanized wire and not more 
than one-inch mesh. 


Skylights Over Public Passageways. 


Skylights hereafter placed in buildings of a public char- 
acter over any passageway or room of public resort, shall have 
immediately underneath the glass thereof a wire netting, un- 
less wired glass is used. 


Floor-Lights. 


All openings in floors for transmission of light to floors 
below shall be covered over with floor lights constructed of 
metal frames and bars, the glass in no ease to be less than three- 
quarters of an inch in thickness. 


BUILDING DEPARTMENT. {25 


If any glass in same measures more than sixteen (16) square 
inches, the glass shall be provided with strong wire netting 
under the same. 


PART XIII. 
HEATING APPARATUS AND DRYING ROOMS. 
§ 89. Boilers. 


A brick-set boiler shall not be supported on beams or floor 
construction made of wood or other combustible material. 

A portable boiler may be supported on beams or floor con- 
struction made of wood or other combustible material, but ip 
any such case the floor shall be protected by a covering not 
less than four inches thick of conerete or brick laid in cement: 
mortar. Such a covering shall be constructed upon a econ- 
tinuous sheet metal plate not less than three-sixteenths of an 
inch thick, having all joints substantially riveted and the 
edges turned up four inches on all sides. This floor covering 
shall extend under the whole of the fire box and ash pit of 
the boiler and shall extend outwardly not less than eight inches 
in front and not less than four feet on the other three sides. 

Hot air furnaces, ovens, coffee roasters or other appliances 
in which similar fires are maintained, when supported on 
beams or other floor construction made of wood or other com- 
bustible material, shall rest on a floor covering as herein pro- 
vided for portable boilers. 

No combustible wall or partition shall be within four feet. 
of the sides or back or six feet from the front of any boiler 
or other heating apparatus, unless said wall or partition shall 
be covered with metal to a height of at least four feet above 
the floor, and this covering shall extend from the end or back 
of the boiler to. at least five feet in front of it, then the dis- 
tance shall be not less than two feet from the sides and five 
feet from the front of the boiler. 

Registers located over a brick furnace shall be supported 
by a brick shaft built up from the cover of the hot air cham- 
ber; said shaft shall be lined with a metal pipe and all wood 
beams shall be trimmed away not less than four inches from 
it. | 


126 BUILDING DEPARTMENT. 


§ 90. Warm Air Furnaces. 


All furnaces shall be set on brick, stone or concrete foun- 
dation. If set on brick, the joints must be slushed with cement 
mortar. 

Where joists or other woodwork is within twenty-four (24) 
inches jof the jfurnace, same shall be covered with one-eighth- 
inch asbestos mill board and sheet metal, enough to cover 
space above the furnace and extended twelve (12) inches 
wider on all sides of the furnace. 

If the space over the furnace is ceiled with wood, an air 
space shall be left between the ceiling end the shield. 

All furnace tops shall have rim extending at least two (2) 
inches above the top of casing and shall be filled with sand. 

Smoke pipe connecting the furnace to the flue shall be 
made of No. 24 galvanized iron, and where same is withim 
three feet of joists or other woodwork, said woodwork shall 
be covered with one-eighth-inch asbestos mill board and sheet 
metal thirty (30) inches wide. 

All warm air pipe in basement and register boxes shall be 
covered with asbestos paper. 

Where woodwork of any kind is within three (3) inches of 
warm air pipes or register boxes, the same shall be covered 
with asbestos mill board not less than one-eighth-inch in thick- 
ness and sheet tin, and extended three (3) inches on each side 
wider than the pipe or register box. 

All pipes enclosed in stud partitions shall be double wall 
pipes from rotind connection in basement to register in room. 
and to have not less than one-quarter-inch air space between 
the outer and inner walls of the pipe. 

Cold air pipe connecting furnace to filter room or window 
to be made of either brick or sheet metal. 

Where filter room is made of wood and same is within 
three feet of furnace, same shall be covered with one-eighth- 
inch asbestos mill board and sheet metal. 

All warm air register openings in floors in buildings other 
than dwellings shall not have valves or shutters, but register 
face only. 

All warm air pipes leading from furnace shall have 
regulating damper at a point not more than two feet from 
furnace. 

All cellar warm air supply pipes leading from the furnace 
to be entirely covered with asbestos paper (not less than ten- 
pound naner). 

All registers placed in any wood floors shall have iron 
border. 


BUILDING DEPARTMENT. 127 


In all eases where one-eighth-inch asbestos is mentioned 
in this section, two thicknesses of ten-pound asbestos paper 
may be used, except over furnace and over smoke pipe. 


§ 91. Drying Rooms. 


The walls, ceilings and partitions enclosing drying rooms, 
when not made of incombustible material, shall be finished 
with metal lath and plastered, or they shall be covered with 
metal, terra cotta fireproofing or other hard, incombustible 
material, 


§ 92. Ranges and Stoves. 


Where a kitchen range is placed from twelve to six inches 
from a wood partition, the said partition shall be shielded with 
metal from the floor to the height of not less than three feet 
higher than the range; if the range is within six inches of the 
partition then the studs shall be cut away and framed three 
feet higher and one foot wider than the range and filled in to 
the face of the said stud partition with brick or fireproof 
blocks, and plastered thereon. 

All ranges on wood or combustible floors and beams that 
are not supported on legs and have ash pans three inches or 
more above their base shall be set on suitable brick founda- 
tions consisting of not less than two courses of brick well laid 
in mortar on galvanized sheet iron, except small ranges such 
as are used in apartment houses that have ash pans three 
inches or more above their base, shall be placed on at least one 
course of brickwork on galvanized sheet iron. 

No range shall be placed against a furred wall. 

All lath and plaster or wood ceilings over all ranges in 
hotels and restaurants shall be guarded by metal hoods placed 
at least nine inches below the ceiling. 

Laundry stoves on wood or combustible floors shall have 
a course of bricks laid on metal on the floor under and extend- 
ed twenty-four inches on all sides of them. 

All stoves for heating purposes shall be properly supported 
on iron legs resting on the floor and placed three feet or more 
from all lath and plaster or woodwork; if the lath and plaster 
or woodwork is properly protected by a metal shield, then the 
distance shall be not less than eighteen inches. 

A ‘metal shield shall be placed under and twelve inches in 
front of the ash pan of all stoves that are placed on wood 
floors. 


128 BUILDING DEPARTMENT. 


All low gas stoves shall be placed on iron stands, or the 
burners shall be at least six inches above the base of the stoves. 
and metal guard plates placed four inches below the burners, 
and all woodwork under them shall be covered with metal. 

Gas connections to such stoves shall be made by metal pipes, 
unless there is no valve on the gas stove. 

All receptacles for ashes shall be galvanized iron, brick or 
other incombustible material. 


§ 93. Notice to Building Inspector. 


In cases where hot water, steam, hot air or other heating 
appliances or furnaces are hereafter placed in any building. 
or flues or fireplaces are changed or enlarged, due notice shalt 
be given to the Department of Buildings by the person or 
persons placing the said furnace in said building, or by the 
contractor or superintendent of said work. 


PART XIV. 
ROOF CONSTRUCTION. 
§ 94. Mansard Roofs. 


If a mansard or other roof of like character having a piteb 
of over sixty degrees be placed on any building except a wood 
building or a dwelling house not exceeding three stories nor 
more than forty feet in height, it shall be constructed of iron 
rafters and lathed with iron or steel on the inside and plas- 
tered or filled in with fireproof material not less than three 
(3) inches thick, and’covered with metal, slate or tile. 

No false mansard or other similar roof construction for 
increasing the apparent height of a building, but having no 
full story behind the same, shall be placed on any building 
to a greater height than five (5) feet above the cornice of the 
highest point of the roof beams. 


Bulkheads, Pent Houses and Seuttles. 


Bulkheads used as enclosures for tanks and elevators or 
for covering any other machinery or appliances required for 
the operation of a building not more than four (4) stories in 
height hereafter erected or altered, may be constructed of 
hollow fireproof blocks or of wood covered with fireproof 
material inside and out. 


BUILDING DEPARTMENT. 12% 


On fireproof buildings the bulkheads and enclosures on. 
roofs shall be constructed of fireproof materials only. 

All exits to roof through roof houses, bulkheads and 
scuttles shall open outwardly. 

No seuttle shall be less in size than two by three feet. 

All doors and door frames in such openings shall be made- 
of metal or of wood covered with metal. 


§ 95. Cornices and Gutters. 


On all buildings hereafter erected within the fire limits. 
the exterior cornices, inclusive of those on show windows and: 
gutters, shall be of some fireproof material. 

All fireproof cornices shall be well secured to the walls. 
with iron anchors independent of any woodwork. 

No cornice, not including pediments, shall extend more- 
than five (5) feet above the highest point of the roof beams: 
ef any building. 


Walls in Relation to Roof Planking and Cornices. 


In all cases the walls shall be carried up to the planking- 
of the roof. 

Where the cornice projects above the roof, the walls shalk 
be carried up to the top of the cornice. 

The party walls shall in all cases extend above the plank— 
ing of the cornice and be coped. 


Unsafe Cornieces. 


All exterior wood cornices within the fire limits that may 
now be or that may hereafter become unsafe or rotten shall be 
taken down. 

And if replaced shall be constructed of some fireproof’ 
material. 


§ 96. Tanks. 


Tanks containing more than five hundred gallons of water- 
or other fluid hereafter placed in any story or on the roof or 
above the roof of any building now or hereafter erected, shalk 
be supported on iron or steel beams of sufficient strength to» 
safely carry the same; 

And the beams shall rest at both their ends on brick walls. 
or on iron or steel girders, or iron or steel columns, or piers of 
masonry. 


130 BUILDING DEPARTMENT. 


Underneath any said water tank, or on the side near the 
‘bottom of the same there shall be a short pipe or outlet not 
less than four inches in diameter, fitted with a suitable valve 
having a lever or wheel handle to same to discharge the weight 
-of the fluid contents from the tank in ease of necessity, unless 
tank water is to supply automatic sprinklers. 

Such tanks shall be placed where practicable at one corner 
of a building and shall not be placed over nor near a line of 
stairs unless the stairs are inclosed with brick walls of suffi- 
cient strength to support the added load of the tank and con- 
tents. 

Covers on top of water tanks placed on roofs, if of wood. 
‘shall be covered with tin. 

All wooden tanks shall be coopered with metal hoops cir- 
cular in section. 


§ 97. Roof Covering. 


The planking and roofing of buildings within the fire 
limits shall not in any case be extended across the side or 
‘party wall thereof. 

Within the fire limits every building and the tops and 
-sides of every dormer window thereon shall be covered and 
roofed with incombustible roofing, and the outside of the 
frames of every dormer window hereafter placed upon any 
‘such building shall be made of some fireproof material. 


§ 98. Incombustible Roofing. 


An incombustible roof is one covered with tin, iron, slate. 
tile, cement, asbestos shingles, or other fire resisting material 
properly apphed. A roof covering made with not less than 
‘three (3) thicknesses of roofing felt, each weighing fourteen 
(14) pounds to the square (100 square feet) all cemented to- 
ether and covered with a good coat of pitch solidly mopped 
and finished with a gravel top, will be classed as an incom- 
‘bustible roof. 

§ 99. Leaders From Roofs. 


All buildings shall be kept provided with proper metallie 
‘leaders for conducting water from the roofs in such manner 
as shall protect the walls and foundations of said buildings 
‘from injury. 

In no ease shall the water from the said leaders be allowed 
‘to flow upon the sidewalk, but the same shall be conducted 
‘bv pipe or pipes to the sewer. 


BUILDING DEPARTMENT. 13E 


If there be no sewer in the street upon which such build- 
ings front, then the water from said leader shall be conducted 
by proper pipe or pipes below the surface of the sidewalk to» 
the street gutter. 


PARDS XY. 
FLOOR AND ROOF LOADS. 


§ 100. Floor Loads. 


The dead loads in all buildings shall consist of the actual 
weight of walls, floors, roofs, partitions and all permanent: 
construction. 

The live or variable loads shall consist of all loads other: 
than dead loads. 

All floors shall be of sufficient strength to carry not less: 
than the following evenly distributed live loads per square- 
foot of floor: 


Pounds. 

Dwellings, hotels, apartment houses, tenement houses, 
Pret ee OU Reese Oey oat heii nS ES CAN PS 60 
Mumeeem lates, 2 tarew. POOP. 1. Se Sais, Ce 150 
Mere bullaiios, Above, tirsth. 1lOor sy ON ee) oe a. To 
SMM Re ase RHE a in eg kg oH gta abe a9 T> 
Stables, garages and carriage houses.................: 100" 

Stores where heavy materials are stored, warehouses and 
Ot et te SE ny eG ee ee eto eh ok SN, 150" 
Peery eld ati, GHOBLErS Pie Cee ee EO 10 
Beermetae oe (Tari oe eds! Be Slee ey AG a 150° 
EES, OE Ts Ae ae PR Se ke Cty aR eae ae 300 


The strength of factory floors intended to carry running 
machinery shall be increased above the minimum given in this: 
section in proportion to the degree of vibratory impulse liable- 
to be transmitted to the floor. 


§ 101. Roofs. 


The roofs of all buildings having a pitch of less than 
twenty degrees shall be proportioned to bear safely not iess: 
than forty pounds per square foot of evenly distributed live- 
lead. 


132 BUILDING DEPARTMENT. 





If the pitch be more than twenty degrees, the live load 
shall be assumed at thirty pounds measured on a horizontal 
‘plane. ’ 

Roofs used as places of public assembly or other special 
“~purposes shall be made to carry the live loads per square foot 
as are required on floors used for like purposes. 


§ 102. Strength of Existing Floors to be Calculated. 


When required by the Inspector of Buildings, the owner 
-or agents of warehouses and buildings or parts of buildings 
in which manufacturing is carried on, erected prior to the 
passage of this ordinance, shall furnish the Inspector of Build- 
ings with a statement made by a competent architect, engineer 
-or builder, showing the size of the beams and floors of such 
‘buildings. The statements shall also contain the evenly dis: 
‘tributed load in pounds per square foot which the owner or 
agent desires to carry on the floors described. 

The Inspector of Buildings shall examine every such state- 
-ment when it has been filed and shall determine the maximum 
lead or loads that shall be allowed on the floors described and 
such maximum loads shall not be greater than would be al 
‘lowable under the provisions of this ordinance. 

The officers and employes of the office of the Inspector of 
‘Buildings may enter any building for the purpose of verifying 
‘the statements relating thereto, or to obtain further informa- 
tion regarding the construction of such buildings, and may 
amake measurements and remove portions of flooring or ceiling 
or other parts that are deemed necessary to make the exam- 
‘ination complete, cost if any, to be at the expense of the 
“owner or agent of the building. 

The Inspector of Buildings may enter any such warehouse 
or building in which manufacturing is earried on for the pur- 
pose of such examination, and shall determine the maximum 
sallowable loads without the statements as herein provided, if 
ssuch action is deemed desirable. 

When the maximum load or loads have been determined. 
the owner or agent shall be notified, and thereupon he shall post 
ahe amount of said maximum loads in a conspicuous place on 
ach floor or part thereof to which it relates. | 


§ 103. Vertical Supports. 


Every column, post, or other vertical support shall be suffi- 
«cient strength to bear safely the weight of the portion of each 
sand every floor depending upon it for support, in addition 


BUILDING DEPARTMENT. 183 


to the weight required as before stated to be supported safely 
upon said portions of said floors, 


§ 104. Reduction in Live Loads on Columns. 


For the purpose of determining the carrying capacity of 
columns in dwellings, office buildings, stores, stables and 
public buildings when over five stories in height, a reduction 
of the live load shall be permissible as follows: 

- For the roof and the top floor the full live loads shall be 
used. 

For each succeeding lower floor, it shall be permissible to 
reduce the live load by 5 per cent., until 50 per cent. of the 
live loads fixed by this section is reached, when such reduced 
loads shall be used for all remaining floors. 


§ 105. Load on Floors to be Distributed. 


The weight placed on any of the floors of any building 
shall be safely distributed thereon. 

The Inspector of Buildings may require the owner or occu- 
pant of any building, or of any portion thereof, to redistribute 
the load on any floor, or to lighten such load where it is 
mecessary for safety. 


§ 106. Strength of Temporary Supports. 


Every temporary support under any structure, wall, girder 
or beam, during the erection, finishing, alteration, or repairing 
of any building or structure, or any part thereof, shall be of 
sufficient strength to safely carry the load to be placed 
thereon. 

During the construction or alteration of any building or 
structure, no material entering into such construction or alter- 
ation, shall be placed on any floor of any greater weight than 
the live load that each such floor is intended to safely sustain 
when the building or structure is completed. 


134 BUILDING DEPARTMENT. 





PART UXV1. 
STRENGTH OF MATERIALS. 
§ 107. Working Stresses. 


The weight of building materials used in the calculation of 
stresses shall be taken at not less than the following: 


Pounds 
Brick. masonry, per ‘cubic JO0Ots, 45.4. 0. re a ee 120 
Rubble nrasonry, per -ctibié Look. 2025 Aa Wey oe eo ce ae 150 
Conereté; per etble LOOT. . FJ) 20 A. a were Bere vedas ve 140 
Ciranite, per cubic Loot i See V eee ee ee ee, .170 
Limestone, per cubte £0060 e5 2005 se cae oie © ree 160 
Wihite:pine, per cubic Lontace... air a eee Pe ete, by: 24- 
Yellow piné “per cubic "foes 44 07a icy ee ee 48 
Oak; per cubie: fobtwie., Jsuules we pict eee ale 48 
Terra ¢otta or tile; per ctibic Toots 2... hase ir ee ee 50 


§ 108. Safe Load for Masonry Work. 


The safe bearing load to apply to masonry work in tons per 
superficial foot shall be as follows: 


Tons 

Rubble masonry in Louisville cement mortar.............. 12 
Brioekwork-in® line: mertar eee nee. ee ee 8 
Brickwork. in Louisville cement mortar..................- 13 
Brick worl? in: Portland cement mortar: . 22.0% ..5.. le. ee 18 
Pounds 

Slating, per scqniate 100 f6etis:. Ve. nme hee ee 600 
ath and plaster) per square: f00te Foe eure aoe eee 10 
Gravel root. oP Angee KITA EE. a 15 


§ 109. Tensile Strains. 


The allowable stresses in direct tension in building mate- 
rials shall not be greater than the following in pounds per 
square inch of net section: 


Pounds. 
Cast and rolléd* steel seat ae oe ee eee 16,000 
Wrought ron. secs os aay ee ede ee a ede 12,000 
Yellow pine...) S24 Cee aay ee ae eee 1,200 


OF) oer arin Ma EAE Gis AA he He EN) atic See oR ys 1,000 


BUILDING DEPARTMENT. 185 


Compressive Strains. 


The allowable stresses in direct compression in building 
materials, except in the case of columns, shall not be greater 
than the following in pounds per square inch of sectional 
area: 


Pounds. 

EDT SECE Soy Rhee Soa i ecdaig OG a ee hes 16,000 
REE SW a PS BS a AO at 2 i AS ia 8 a Ae 12,000 
BEMTPU Te TIEeR Olt DOCKS} vis yeoietn sate dio csete eo oke Okie clolenels 16,000 
Pipers andy Pivets (DCANING) 20) cds ec ee uce co's cee 20,000 
Wrought iron pins and rivets (bearing).............. 15,000 

~ Pounds Pounds 

with Grain. across Grain. 

Mra Vellow DING, voara vets et ees 1,000 600 
TG FS OUTS Bie cay a Os cay Ung ae 800 400 
MOPED Rai Ay Ce rare ve pete i Os eae oe Pye ests 800 500 
BMG UILIE rss et RNS a ao whoo alas oe fee, OOG 1,000 


§ 110. Shear. 


Allowable stress in shear shall not be greater than the fol- 
lowing in pounds per square inch of section: 


Pounds. 
Pe CURL ee ee erent rs lo Cia decent oe chee nd ves 9,000 
Ree PY VOLS ANU Pes sc. eee es Sahoo s Grace wes oo 99s 10,000 
MIS ETAL OLG PN ren Cen nee ye asa. s tite va aos 8,000 
SG gd ste ae ete Ria Ore ae eg a a ar aL COMER Sea 8,000 
Ie tEON SNOTY TIVEUS) 1G) DIDS | 52's so ale one scour) alata ale 7,500 
Seemed 1 1Ol TV GLSs cats, kh baa ace oe clamna 6s ee 6,000 
MMMRTEPELE AITO TCT ICN. G1 GGA teres siekaion shete hs Hoartlie vie aves ove ae 5,000 
oA 7 S120 i Sy TEMA URRVEE BRT achat 5 et exo Too! sc She 4 2,500 
Powe nine= ands oak. WIthseraine ie: . sca peas ele ye « 80 
Periermenine and Oaks dCross PTA... a. nevis cee were ese 400 


§ 111. Bending. 


Allowable extreme fibre stresses in bending shall not be 
greater than the following in pounds per square inch of see- 
tion: 


136 BUILDING DEPARTMENT. 


Pounds. 
Rolled. steel ‘beams. .p..25.. 0 3 <t petaees oe e 16,000 
Rolled stéel’ pins; ‘rivetsand7 bolts Pave. ee 20,000 
Wrought’ iron pins, rivetsyand tbolts, 322.4 2406 eee 15,000 
Riveted steel beams (net flange section).............. 15,000 
Cast*irons (sompressien’ Sid@).% 722) san see ee 16,000 
Cast. iron +feompression’ SIGG). 8)... ; vee cee eee 16,000 
NW ello w pine fey oo ale ep tee one SLs gi eet ee eee ee 1,200 
Oak wo: 5i2 Sateen he Ue Sede open ane ee 1,000 
Fremlodke ooiija beets a ee ee ete ee 800 


§ 112. Strength of Columns. 


In columns or compression members with flat ends of steel, 
wood or cast iron, the stress shall not exceed the following in 
pounds per square inch of section: 


Steel. 

L L 
When—is greater than? 10. .).0 ee a ees S=17,100—57— 

Rien R 

L 
When-is less than 702055 esr eects S=13,000 

R 

Yellow Pine and Oak. 

L BE 5 
When—is greater than 12.................., S=1,000—10— 

D D 

L 


When—is. ‘less@than 22 jue en ee ee S=—1,000 
D 


BUILDING DEPARTMENT. 137 





Hollow Cast Iron. 














10,000 
PMPBCHCLANOUIRT SECUIONS. 00s Oss ss swale ce ees pa 
L2 
) ieee 
1,067D? 
10,000 
RUPPMEMITITISEHOCLIOIIS oi... skate sc whacd cg ote Mae vel eies Picsee 
L2 
1+—____—- 
800D? 
10,000 
SUPINE eee LID TIS tk SG aoc iste donee a 3 ere ies So 
L2 
14+— 
6,400R? 


S=Safe unit stress. 

L—Length in inches. 

R=Least radius of gyration in inches. 
D—Least diameter or side. 


No length exceeding 120 times the least radius of gyration 
shall be used for compression members. 


Columns Eccentrically Loaded. 


Any column eeccentrically loaded shall have the stresses 
eaused by such eccentricity computed, and the combined 
stresses resulting from such eccentricity at any part of the 
column, added to all other stresses at that part, shall in no 
ease exceed the working stresses stated in this Code. 

The eceentric load of a column shall be considered to be 
distributed equally ever the entire area of that column at the 
next point below at which the column is securely braced lat- 
erally in the direction of the eccentricity. 


§ 113. Safe Load on Wood Beams. 


The safe carrying capacity of wood beams for uniformly 
distributed loads shall be determined by multiplying the area 
in square inches by its depth in inches and dividing this prod- 
uct by the span of the beam in feet. The safe load is this result 
multiplied by— 


188 BUILDING DEPARTMENT. 





Hor hemlock and: Spruce veal scene aais he ah areas 90 
BOL eon See eS as aa hie atte ge eee ate at eal cr eee Siete 
For tyellow spine cere cite Sie teterercteter nee ee ten etn 150 


§ 114. Factors of Safety. 


When the unit stress for any material is not prescribed in 
this Code, the relation of allowable unit stress to ultimate 
strength shall be— 

For metal subjected to tension or transverse strains..1 to 4 


Mor '‘reinforedd. coneretee ook, Aci a GS as whe eee 1 to 4 
2H oye hu Der 230 Stee eA ces ta ak atin ea 1 to 6 
For natural or artificial stones and brick and stone ma- 

BOWL SoS As es hy oe ohale Ghetas BO walphe lieadnala te Onan L080 


Wherever working stresses are prescribed in this Code hav- 
ing the factors of safety given above, the said working stresses 
shall be used. : 


§ 115. Wind Pressure. 


New buildings exposed to wind shall be made strong enough 
to resist a horizontal pressure in any direction of thirty (30) 
pounds per square foot of exposed surface, measuring the en- 
tire height of the building. 

The additional loads caused by the wind pressure upon 
beams, girders, walls and columns must be determined by eal- 
culation and added to other loads for such members. 

Special bracing shall be employed whenever necessary to 
resist the distorting effect of wind pressure. 

In no ease shall the overturning moment due to the wind 
pressure exceed fifty (50) per cent of the moment of the sta- 
bility of the structure. 

In buildings under one hundred (100) feet in height, pro- 
vided the height does not exceed four (4) times the average 
width of the base, the wind pressure may be disregarded. 


PART XVII. 
IRON AND STEEL CONSTRUCTION. 
§ 116. Skeleton-Constructed Buildings. 





Where columns are used to support iron or steel girders 
carrying inclosure walls, the said columns shall be of cast iron, 
wrought iron, or rolled steel, and on their exposed surfaces be 


BUILDING DEPARTMENT. 139 





constructed to resist fire by having a casing of brickwork not 
less than eight (8) inches in thickness on the outside surfaces, 
not less than four (4) inches in thickness on the inside surfaces, 
and all bonded into the brickwork of the inclosure walls. 

- Between the said inclosing brickwork and the columns, 
there shall be a space of not less than two (2) inches, which 
space shall be filled solidly with liquid cement grout as the 
courses of brickwork are laid. 

The exposed sides of the wrought iron or steel girders shall 
be similarly covered in with brickwork not less than four (4) 
inches in thickness on the outer surfaces and tied and bonded, 
but the extreme outer edge of the flanges of beams or plates 
or angles connected to the beams. may project to within two 
(2) inches of the outside surface of the brick casing. 

The inside surfaces of girders may be similarly covered 
with brickwork, or if projecting inside of the wall, they shall 
be protected by terra cotta, concrete or other fireproof mate- 
rial not less than four (4) inches in thickness. 

Girders for the support of the ineclosure walls shall be 
placed at the floor line of each story. 

The skeleton steel frame of a building shall be independent 
from that of an adjoining building, and the frame of one 
building shall not be bolted or riveted in any manner to the 
frame of any other building. 


Foundations of Structural Iron and Steel Columns. 


Foundations of structural iron and steel columns shall be 
or Portland conerete and all such structural columns shall rest 
on either cast iron or steel bases, proportioned so as to dis- 
tribute the entire load on the column safely to the concrete 
foundation. All columns shall be properly secured to the bases. 


Framing. 


Every portion of a steel skeleton shall be strong enough to 
carry the superimposed load without relying upon the walls 
inclosing the frame, and all structural members shall be con- 
nected continuously with riveted connections from the foun- 
dation to the top of the building. 

All metal columns, girders and beams and all portions of 
the structural steel of the skeleton shall be so designed where 
possible, that all connections shall be accessible after erection, — 
for the purpose of inspection, cleaning and painting. 


140 BUILDING DEPARTMENT. 





§ 117. Steel and Wrought Iron Columns. 


No main part of a steel or wrought iron column shall be 
less than five-sixteenths (5-16) of an inch thick, nor of less 
thickness than one thirty-second (1-32) of its unsupported 
width measured transversely between rivet centers. 

No wrought iron or rolled steel column shall have an un- 
supported length of more than forty times its least lateral di- 
mension or diameter, except as modified by Section 112 of 
this Code. 

The ends of all columns shall be faced to a plane surface 
at right angles to the axis of the columns. 

And the connection between them shall be made with entice 
plates. 


The joint may be effected by rivets of sufficient size and 
number to transmit the entire stress, and then the splice plates 
shall be equal in sectional area to the area of column spliced. 

When the section of the columns to be spliced is such that 
spliced plates cannot be used, a connection formed of plates 
and angles may be used, designed to properly distribute the 
stress. 

End and intermediate stay plates are to have a thickness 
of not less than 1-40 of the unsupported width measured trans- 
versely between rivet centers. 

End stay plates shall have a length not less than the great- 
est width of the member. 

Intermediate stay plates are to have not less than four (4) 
rivets. 

Lattice bars shall be proportioned to the size of the mem- 
ber. 

They must not be less than: 

Two inches in width for members nine inches or less in 
width. 

Two and one-quarter inches in width for members nine 
inches to twelve inches in width. 

Two and one-half inches in width for members twelve inches 
to fifteen inches in width. 

Single lattice bars shall have a thickness not less than 1-40 
of the distance between rivet centers connecting them to the 
member. Double lattice bars must be connected by a rivet at 
the intersection and be not less in thickness than 1-60 of the dis- 
tance between rivet centers connecting them to the member. 

Single lattice bars shall be inclined not less than 60 degrees 
to the axis of the member and double lattice bars at not less 
than 45 degrees to the axis of the member. 


BUILDING DEPARTMENT. eet 


Steel and wrought iron columns shall be made in one, two 
or three story lengths, and the material shall be rolled in one 
length wherever practicable to avoid intermediate splices. 

Where any part of the section of a column projects beyond 
that of the column below, the difference shall be made up by 
fillmg plates secured to column by the proper number of 
rivets.. 

Shoes of iron or steel, as described for cast iron columns, 
or built shoes of plates and shapes may be used, complying 
with same requirements. 


§ 118. Cast, Iron Columns. 


The thickness of metal in cast iron columns shall be not 
less than one-twelfth (1-12) the greatest lateral dimension 
of cross section, but never less than five-eighths (5g) of an 
inch. 

No east iron column shall be less than five (5) inches in 
diameter or least lateral dimension, nor shall exceed in height 
thirty times its least horizontal dimension without having lat- 
eral support. 

All east iron columns shall be of good workmanship and 
material, and shall be tested and inspected before being placed 
in position. They shall be drilled with two three-eighths inch 
test holes, one on the lower surface and one on the upper sur- 
face of the columns as cast. Such other test holes shall be 
bored as the Inspector of Buildings may deem necessary. 

Wherever blowholes or imperfections are found in a cast 
iron column which reduces the area of the cross section at that 
point ten (10) per cent, such column shall be condemned. 

All columns shall be faced at the ends to a plane surface 
at right angles to the axis of the column. 

Columns shall be connected to each other by not less than 
four three-quarter inch bolts in each connection. 

If the core of a column below a connection is larger than 
that above, the thickness of the metal in the top of the lower 
column shall be increased to make up the difference. This 
increased thickness shall be tapered down for a distance of 
not less than six (6) inches from the end of the column, or 
a joint plate of sufficient strength to distribute the load, may 
be inserted between the columns. 

Every beam supported on the side of a cast iron column 
shall be carried on a bracket projecting out from the face of 
the column not less than three (3) inches. The depth of the 
bracket shall be not less than twice its projection, and it shall 
be strong enough to carry the full load of the beam. 


142 BUILDING DEPARTMENT. 





The metal in brackets, lugs and flanges shall be not less 
than one (1) inch thick, and lugs and flanges shall be strength- 
ened by fillets and three-quarter inch bracing ribs. 

Iron columns shall not be set on wood in any building and 
in fireproof or semi-fire-proof building, they shall not be set in 
_ stone plinths where liable to be subjected to fire. 

Iron or steel shoes or plates shall be used under the bottom 
tier of columns, when necessary to properly distribute the load 
on the foundation. 

Shoes shall be planed on top. 


§ 119. Party Wall Columns. 


If iron or steel columns are to be used as party columns 
and intended for two buildings, then the said columns shall 
be not less in width than thickness of party wall, nor less in 
depth than the thickness of the wall to be supported above. 
Iron or steel columns in front of side, division or party walls, 
shall be filled up solid with masonry and made perfectly tight 
between the columns and walls. Intermediate columns may be 
used which shall be sufficiently strong and the lintels thereon 
shall have sufficient bearings to carry the ee above with 
safety. 


§ 120. Cast Iron Lintels. 


Cast iron lintels shall not be used for spans exceeding eight 
(8) feet. 

Cast iron lintels or beams shall not be less than three-quar- 
ters (34) of an inch in thickness, and shall have not less than 
six (6) inches bearing on walls. They shall rest upon cast iron 
or steel plates of such dimensions that the safe load on walls 
shall not exceed those fixed by Section 108 of this Code. 


§ 121. Floor and Roof Beams. 


All floor and roof beams shall be full weight, straight, and 
free from defects. 

When two or more beams are used together, they shall be 
connected by bolts and iron separators at intervals of not more 
than five (5) feet. All beams twelve (12) inches and over in 
depth, shall have at least two bolts to each separator. 

The distance between tie rods in floors shall not exceed 
eight (8) feet and shall not exceed eight (8) times the depth of 
floor beams twelve inches and under. 


—————— 


BUILDING DEPARTMENT. {42 


| 


The tie rods shall be not less than three-quarters of an 
inch in diameter, and shall have nuts at both ends. 

Beams resting on girders shall be riveted or bolted to same. 
When beams are joined on a girder, tie straps shall be used. 

The compression flange of plate girders shall be secured 
against buckling. 

Stiffeners shall be provided over supports and under con- 
centrated loads; they shall be of sufficient strength as a col- 
umn to carry the loads and shall be connected with a sufficient 
number of rivets to transmit the stresses into the wet plate. 

Stiffeners shall fit so as to support the flanges of the 
girder. 


§ 122. Rivets. 


The distance from the center of a rivet hole to the edge 
of the material shall not be less than one and one-half (1 1-2) 
times the diameter of the rivet. Wherever possible, however, 
the distance shall be equal to two diameters. 

All rivets wherever practicable, shall be machine driven. 
Rivets in connection shall be proportioned and placed to suit 
the stresses. 

The pitch of rivets in structural work shall never be less 
than three (3) diameters of the rivet nor more than six (6) 
inches. 

Gussets shall be provided wherever required, of sufficient 
thickness and size to accommodate the number of rivets nec- 
essary to make the connections. 


Bolts. 


No bolt shall be used in the connection of riveted trusses, 
excepting when riveting is impracticable, and then the holes 
shall be reamed in place and turned bolts used. 

All field bolts carrying shear shall be provided with wash- 
ers at least one-quarter (14) of an inch thick. 


§ 123. Steel and Wrought Iron Trusses. 


Trusses shall be of such design that the stresses in each 
member can be calculated. 


All trusses shall be held rigidly in position by efficient 
systems of lateral and sway bracing. Any member of a truss 
subjected to transverse stress, in addition to direct tension or 
compression shall have the stresses coming on the member, and 
the total stresses thus formed shall in no case exceed the 


144 BUILDING DEPARTMENT. 





working stresses stated in Sections 109, 110 and 111 of this 
Code. 

For tension members, the actual net area only, after de- 
ducting rivet holes one-eighth of an inch larger than the rivets, 
shall be considered as resisting the stress. 

If the axis of two adjoining web members do not inter- 
sect within the line of the chords, sufficient area shall be 
added to the chord to take up the bending strains, or the web 
members shall be connected by plates so arranged that the 
axis of the web members prolonged will intersect on the axis 
of the chord. 


All compression members in pin-connected trusses shall be 
proportioned, using seventy-five (75) per cent of the per- 
missible working stress for columns. 


The heads of all eye-bars shall be made by upsetting or 
forging. No weld will be allowed in the body of the bar. Steel 
eye-bars shall be annealed. Bars shall be straight before bor- 
ing. 

All pin-holes shali be bored true, and at right angles to 
the axis of the members, and must fit the pin within one thirty- 
second (1-32) of an inch. The distances of pin-holes from cen- 
ter to center for corresponding members shall be alike, so that. 
when piled upon one another, pins will pass through both ends 
without foreing. 


Eyes and serew ends shall be so proportioned that upon 
test to destruction, fracture will take place in the body of the 
member. All pins shall be accurately turned. 

Pin-plates shall be provided wherever necessary to reduce 
the stresses on pins to the working stresses prescribed in See- 
tions 110 and 111 of this Code. These pin-plates shall be 
connected to the members by rivets of sufficient size and num- 
ber to transmit the stresses without exceeding working stresses. 

Pin-connected riveted tension members shall have a net see- 
tion area through pin bolts of twenty-five (25) per cent in 
excess of the net section of the body of the member. 

All rivets in members of pin-connected trusses shall be ma- 
chine driven. All rivets in pin-plates which are necessary 
to transmit stress shall be also machine driven. 

The main connections of members shall be made by pins. 
Other connections may be made by bolts. 


§ 124. Painting of Metal Structural Work. 


Where surfaces in riveted work come in contact with each 
other, they shall be painted before assembling. 


BUILDING DEPARTMENT. 145 


Paint shall not be required for metal structural work, which 
is to be thoroughly imbedded in concrete or cement grout ap- 
plied directly against the metal, except where surfaces in riv- 
eted work come in contact with each other. 

All metal structural work that is not to be thoroughly 
imbedded in conerete or cement grout shall be cleaned of all 
seales, dust, dirt and rust, and thoroughly coated with at least 
one coat of suitable paint; after erection all such work shall 
be painted at least one additional coat. 

Cast iron columns shall not be painted or covered until after 
inspection by the Department of Buildings. 

All iron or steel used under water shall be enclosed with 
eoncrete. 


PART XVIII. 
CONCRETE AND CONCRETE BLOCK CONSTRUCTION. 


§ 125. Reinforced Concrete Construction. 


Design. 


Before work is commenced upon any structure of reinforced 
concrete, complete drawings and specifications shall be filed in 
the office of the Inspector of Buildings showing all details of 
the construction, the size and position of all reinforcing rods, 
and the manner in which the materials composing the concrete 
are to be proportioned. 


Strain Sheets and Computations. 


Strain sheets and computations shall be filed and the static 
eomputations shall give the loads assumed separately such 
as dead and live loads (wind and impact, if any) and the re- 
sulting stresses. 

The designs shall not be based upon any assumption or 
computation contrary to the established principles of statics 
and mechanics, and the unit stresses for any material entering 
into the construction, shall not exceed those provided for in 
this ordinance. 


§ 126. Materials. 


Portland cement and broken stone or gravel shall be used 
an all reinforced concrete. 


146 BUILDING DEPARTMENT. 








Cinders shall not be used in concrete mixture, either for 
reinforced concrete or for fireproofing. 

All materials shall meet the requirements of Sections 22 
and 23 of this Code. 

In beam, girder, floor and column construction: the broken 
stone shall be small enough to pass through a one inch ring 
and the conerete shall be mixed in the proportion of one part 
of cement and two parts of sand and four parts of broken 
stone or gravel. 


§ 127. Forms. 


All form work shall be substantial and unyielding and be 
tight to prevent the leakage of water, and put up in such a 
manner that it can be readily removed without disturbing the 
concrete. 

Forms shall not be removed until after an inspection of the 
conerete to ascertain its hardness has been made. In general 
no form shall be removed in less than two (2) days after the 
eonerete is placed, and shores under beams and girders must 
remain in place at least twenty (20) days. 
removed until all parts of the finished floor are strong enough 
to support themselves and the loads that may come upon them 
during construction. 


§ 128. Columns. 


No reinforced concrete column shall be longer in the clear 
than fifteen (15) times its least outside dimension in cross 
section. 

Any column built above another and acting continuously 
with it, shall not at any point overhang the lower one. 

The construction of a reinforced concrete column in a build- 
ing shall commence upon the top of a finished floor or girder, 
and shall continue without interruption to the under side of 
the floor or girders next above. 

Girders shall never be constructed over freshly formed col- 
umns without permitting a period of at least two hours to 
elapse, thus providing for settlement or shrinkage in the col- 
umns. Before resuming work, the top of the column shall be 
thoroughly cleansed of foreign matter and laitance. If the 
concrete in the column has become hard, the top shall also be 
drenched and slushed with a mortar consisting of one part 
Portland cement and not more than two parts fine aggregate 
before placing additional concrete. 


BUILDING DEPARTMENT. 147 





The reinforcing bars shall be securely held in exact posi- 
tion whie the conerete is being laid. 

The conerete shali cover the reinforcing bars at all points 
at least one and one-half (114) inches, and in calculating the 
strength of a reinforced concrete colunin, this outside one and 
a half inches of concrete shall not be counted as a part of the 
section of a column. 

Reinfurced concrete columns must contain at least four (4) 
vertical steel bars on square columns. They shall be placed at 
the corners. In any ease, the reinforcement shall be near the 
perimeter. 

All such vertical bars shall be connected and prevented 
from spreading by hoops made of wire, rods or bars, spaced 
not more than twelve (12) inches apart. 

The hoops must be firmly fastened to the bars by wiring. 

Where columns are greater than eighteen (18) inches wide, 
a greater number of bars shall be used, so that the spacing on 
the edge of the column shall not be greater than sixteen (16) 
inches apart. 

In all cases, reinforced columns must contain at least one 
per cent of vertical steel and must in all cases have a positive 
means of confining the concrete and steel, either by spiral re- 
inforcement, or hoops encasing the vertical bars. 

Where more than four (4) bars occur in a column, the ad- 
ditional bars must be hooped independently from the hoops 
enclosing the corner bars. 


Beams and Slabs. 


The span length for beams and slabs shall be taken as the 
distance from center to center of supports, but shall not be 
taken to exceed the clear span plus the depth of beams or slab. 

Brackets shall not be considered as reducing the clear span 
in the sense here intended. 


§ 129. T Beams. 


In beam and slab construction, an effective bond shall be 
provided at the junction of the beam and slab. When the 
principal slab reinforcement is parallel to the beam, transverse 
reinforcement shall be used extending over the beam and well 
into the slab. 

When adequate bond between slab and web of beam is pro- 
vided, the slab may be considered as an integral part of the 
beam, but its effective width shall be determined by the follow- 
in rules: 


148 BUILDING DEPARTMENT. 


(a) It shall not exceed one-fourth of the span length of the 
beam. 

(b) Its overhanging width on either side of the web shall 
not exceed four times the thickness of the slab. 

In the design of T beams acting as continuous beams, due 
consideration should be given to the compression stresses at. 
the support. 

The dimensions of a beam or girder and its reinforcement. 
shall be determined and fixed in such a way that the strength 
of the metal in tension shall measure the strength of the beam: 
or girder. If the concrete in compression including the allow- 
able conerete in adjoining floor construction does not afford 
sufficient strength for that purpose, the compression on side 
of the beam or girder in question shall also be reinforced with 
metal. 

A beam or girder carrying a concentrated load shall be re- 
inforced if necessary for shear. 

Neither the reinforcing metal nor the concrete shall We 
subjected to combined stresses so as to exceed in combination 
the stresses allowable separately. | 

Wherever possible, beams and girders’ and also their inter- 
mediate floor construction shall be made continuous. Rein- 
forcing metal shall be used for that purpose in the top of alf 
connecting members at the point of support, and shall be suf- 
ficient both in section and length to prevent fracture at the 
point of support when the connecting members are carrying 
twice their full calculated load. 


§ 130. Floor Slabs. 


No floor slab shal! be less than four (4) inches thick. 

The reinforcing metal in the bottom of a floor slab may, 
be deflected to the top of the slab along the line of support, 
or separate reinforcing material may be used for the reinforee- 
ment in the top of the slab. In either case, however, if a part 
of the slab is considered as a part of the beam or girder, the 
reinforcing material used in the slab must cross the full width 
both of the beam or girder and the part of the slab so con- 
sidered. In all cases, the rods, bars, or strands of such rein- 
forcement shall be not more than ten (10) inches apart. 

Floor slabs shall be designed and reinforced as continuous 
over the supports. If the length of the slab exceeds 1.5 times 
its width, the entire load shall be carried by transverse rein- 
forcement; square slabs may well be reinforced in both direc- 
tions. : 


BUILDING DEPARTMENT. JA. 


In floors reinforced in two directions, the reinforcement 
over the supports may be limited to the middle half of the 
support. 

Deformed bars must be imbedded at least thirty (30) times- 
their diameter and plain bars forty (40) times their diameter: 
where the full strength of the bar is to be developed. Where 
this distance cannot be obtained, the bar must be hooked with 
a six inch hook, and if this is not sufficient, a stub must be 
placed in the hook. 

In no ease shall steel be lapped or spliced except over the 
supports. 

All tension bars for reinforcing positive bending moments 
between supports must run the full length of the beam and’ 
extend into the support. No welds will be allowed. 


Turnbuckles or sleeve nuts properly designed may be used. 


Where floor slabs are supported by a brick or stone wall, 
they must have at least four (4) inches bearing, and the floor 
steel must run in the full four inches. 


Where concrete floors are to be used without being covered’ 
with some other wearing surface, a cement finish of at least 
one part cement to two parts sand and at least one-half of am 
inch thick must be firmly bonded to the structural concrete, 
and in no case shall this finish be considered a part of the 
structural thickness of the floor slab, but must be allowed en-. 
tirely for wearing surface. 


Protection of Metal. 


In reinforced beams and girders, all main bars must have: 
at least one and a half inches of concrete protection, and stir- 
rups or prongs one-half inch. 

In slabs the main tension reinforcement must have at least. 
one inch concrete protection. 


§ 1381. Assumption in Designs. 


The design of any reinforced concrete structural member 
shall be based upon the following assumption: 


Internal Stresses, 


(1) The modulus of elasticity of conerete in compression’ 
within the usual limits of working stresses is constant. 

(2) The tensile strength of conerete shall not be consid- 
ered, but the steel shall take all the tensile stresses 


150 BUILDING DEPARTMENT. 





(3) The bond between the conerete and the steel is suffi- 
¢ient to make the two materials act together as a homogeneous 
solid. 

(4) The ratio of the modulus of elasticity of steel to the 
modulus of elasticity of conerete shall be taken at fifteen. 

(5) The strain in any fiber is directly proportionate to 
the distance of that fiber from the neutral axis. 


§ 132. Working Stresses. 


The following working stresses shall be taken for static 
loads. Proper allowances for vibration and impact shall be 
-added to live loads when necessary to produce an equivalent 
static load before applying the unit stresses in proportioning 
‘parts. 

The compression strength of the concrete shall be not less 
‘than 2,000 pounds per square inch in twenty-eight days, tested 
in cylinders eight inches in diameter and sixteen inches long 
under laboratory conditions of manufacture and storage using 
‘the same consistency as in the field. 

On the basis of 2,000 pounds ultimate strength, the work- 
‘Ing stress in direct compressing will be taken at 650 pounds 
‘per square inch. 

(1) Compression on columns with longitudinal reinforce- 
‘ment only—450 pounds per square inch, 

(2) Columns with reinforcement of bands or hoops—540 
pounds per square inch. 

(3) Columns reinforced with not less than one per cent 
-and not more than four per cent of longitudinal bars and with 
bands or hoops—650 pounds per square inch. 

(4) Columns reinforced with structural steel column units. 
‘which thoroughly encase the conerete core—650 pounds per 
‘square inch. 


Compression in Extreme Fiber. 


The maximum allowable stress in bending on concrete in 
compression shall be 650 pounds. 


Shear. 


The maximum allowing stress on concrete in shearing shall 
‘be 50 pounds. 


BUILDING DEPARTMENT. ist 





Reinforcement. 


The tensile stress in steel shall not exceed 16,000 pounds. 

The compression stress in reinforcing steel shall not exceed. 
16,000 pounds, or fifteen times the working compression stress 
in the concrete. 


§ 183. Design May. be Varied. 


If the builder desires to use a system not covered by or 
varying from the above conditions as to design, he shall sub- 
mit to the Inspector of Buildings plans and specifications, 
giving in detail the construction and formulas he uses in his. 
design, and they shall be such as can be checked properly and. 
kept on record by the Department of Buildings. 

The builder shall then make a destruction test, or present 
evidence satisfactory to the Inspector of Buildings, that such. 
test has been made with full particulars of the result of said. 
test. If said test shows that based on the specifications sub- 
mitted the construction has a factor of safety of four (4) on 
the total dead and live load, the said system may be used in: 
accordance with said specifications. 


§ 184. Concrete Blocks. 


Hollow concrete building blocks may be used for buildings. 
three stories or less in height where said blocks conform to- 
the requirements of this Code, provided however, that such. 
blocks shall be composed of at least one part of Standard 
Portland cement and not to exceed three parts clean, coarse. 
sharp sand or gravel, and five parts of crushed rock or other 
suitable aggregate. 

The hollow spaces or recesses in such blocks shall not ex- 
ceed one-half its area, and the height shall not exceed four and’ 
a half times the thickness of the web. 

The thickness of walls for any building where hollow con- 
crete blocks are used may be 10 per cent less than is required’ 
by law for brick walls. 

Where the face only is of hollow concrete building block. 
and the backing is of brick, the facing of hollow concrete: 
blocks must be strongly bonded to the brick, either with — 
headers projecting four inches into the brickwork, every 
fourth course being a heading course, or with approved ties: 
no brick backing to be less than eight inches. Where the walls 
are made entirely of hollow concrete blocks, but where said! 
blocks have not the same width as the wall, every fifth course- 


452 BUILDING DEPARTMENT. 


shall extend through the wall forming a secure bond. All 
walls where blocks are used shall be laid up in cement mortar- 

All hollow econerete building blocks before being used in 
‘the construction of any building in the City of Louisville, shall 
have attained the age of at least three weeks. 

Wherever girders or joists rest upon walls so that there is 
a concentrated load on the block of over two tons, the blocks 
supporting the girder or joists must be made solid. Where 
such concentrated load shall exceed five tons, the blocks for 
two courses below and for a distance extending at least. 
eighteen inches each side of said girder, shall be made solid. 
‘Where the load on the wall from the girder exceeds five tons. 
the blocks for three courses beneath it shall be made sold 
with similar material as in the blocks. Wherever walls are 
decreased in thickness, the top course of the thicker wall to 
‘be: solid. 

No blocks shall be used that have not an average crushing 
strength of 1,500 pounds per square inch of area at the age of 
twenty-eight days. 

All piers and buttresses that support loads in excess of 

five tons, shall be built of solid concrete blocks for such dis- 
tunce below as may be necessary for safe bearing strength. 
‘Conerete lintels shall be reinforced by iron or steel rods in 2 
manner necessary for safety, and any lintels spanning over 
four feet six inches in the clear, shall rest on solid concrete 
blocks. ? 
Provided, that no hollow conerete building blocks shall be 
used in the construction of any building in the City of Louis- 
ville, unless the brand or mark or identifeation has been im- 
pressed in, or otherwise permanently attached to each block 
for the purpose of identification; said brand or mark to con- 
tain the name of the manufacturer and date that said block 
was made. 

The Inspector of Buildings may require full tests to be 
made of samples selected from the open market or from ma- 
terial actually going into construction, when in his opinion 
there is a doubt as to whether the product is up to the stana- 
ard of these regulations. Such tests must be made by some 
laboratory of recognized standing. 

Such tests shall be at the expense of the manufacturer or 
user of such concrete blocks. 

The Inspector of Buildings may also require tests of 
absorption and the percentage of absorption (being the weight 
of water absorbed divided by the weight of the dry sample) 
must not average higher than 7 per cent and must not exceed 
10 per cent. 


BUILDING DEPARTMENT. 1523 


The names of the persons, firms or corporations and the 
responsible officers thereof must be placed on file w'th the 
Building Department, and changes of same promptly reported 
in order that the blocks manufactured by such persons, firms 
or corporations may be used in the City of Louisville. 


PART XIX. 


SIGNS. 
S$ 135.-Permits, 


A permit must be obtained from the Department of Build- 
ings to erect a sign of any description. 

All permits for signs which are to project over any side- 
walk or public way shall be subject to the approval of the 
Board of Public Works. 

No sign shall be supported from the sidewalk or from a 
point outside the sidewalk. 

Signs may be carried upon the front of a building, but no 
sign, except an electric sign, as provided in Section 138 hereof. 
shall project from any building and over any public way of 
the City of Louisville. 

No wood sign more than two (2) feet in width shall be 
erected on any building. 

Every sign more than twenty (20) feet above the sidewalls 
shall be made entirely of metal. 


§ 186. Roof Signs. 


No sign shall be placed on a roof of any structure, except. 
it be constructed of metal, and such construction shall be of 
open mesh work and entirely approved in construction and 
fastenings by the Inspector of Buildings. 


-§ 137. Sign or Bill Boards. 


No signs or bill boards erected on uprights, or any other 
supports extending to the ground shall be at any point more 
than twelve (12) feet above the surface of the ground, and 
shall be properly supported and braced. 

There shall be an open space of six (6) feet between each 
bill board and any adjoining structure. 


154 BUILDING DEPARTMENT. 





There shall be an open space not less than two (2) feet 
between any two bill boards. 


No bill board shall exceed five hundred (500) square feet 


in area. 

All signs which are dangerous in any manner whatever, 
shall be repaired and made safe, or taken down by the owner. 

Nothing herein contained shall prevent the owners or oper- 
ators of any open air place of amusement or ball park, wholly 
surrounded by streets, vacant grounds or railroad rights of 
way from erecting or maintaining suitable screens about the 
same in accordance with plans approved by the Inspector of 
Buildings, or from displaying advertising matter on; such 
screens. 

The foregoing paragraphs of this section shall apply to 
existing bill boards. 


§ 1388. Electric Signs. 


(1) Permits for signs shall be granted only upon the basis 
of representations, made by drawings and specifications in ink 
indicating the location, quality of material and workmanship. 
full dimensions in figures, manner of fastening the sign to 
the structure, actual weight including all fixtures, and the 
number and candle power of the lights and their location on 
the sign. These representations shall be made by a written 
application on blanks furnished by Building Inspector, signed 
by the owner or tenant of building and by the erecting con- 
tractor. 

(2) All signs shall be of metal or other approved incom- 
bustible material. All signs shall be properly stayed, bolted 
and anchored with proper supports of metal. Metal work 
shall not be secured by driving the same into joints of 
masonry, or into wedging or wooden blocks. In the case of 
masonry, connections shall be made: by expansion bolts in- 
serted not less than four (4) inches, or by bolting through the 
wall. Expansion bolts shall be thoroughly and _ properly 
cemented or leaded into the drilling part of the masonry, 

(3) No sign shall project beyond the curb, or more than 
nine (9) feet beyond the property line, or be more than four 
(4) feet wide or be less than nine (9) feet above the sidewalk. 

(4) No sign except a vertical sign shall weigh more than 
four hundred (400) pounds, including all attachments. 

- (5) Vertical signs weighing more than four hundred (400) 
pounds may be permitted. All vertical signs must be located 


in the middle one-third of the building, except that where a, 


BUILDING DEPARTMEN1. ad 


house is on a corner, a vertical sign may also be located in 
the outer third. 

(6) Every sign shall have one visible lamp of four (4) 
eandle power for every one and one-quarter square feet of 
each side of the sign surface. No sign shall be allowed which 
has a total of less than 20 lamps of four-candle power each. 
If lamps of less candle power are used, the number of lamps 
shall be proportionately increased. 

(7) Both sides of all signs shall be equally illuminated 
until 10 o’clock each night, for not less than six nights per 
week. 

(8) Signs shall not obstruct or be attached to any part of 
a, fire escape, and where a sign is hung near any fire escape, it 
shall be arranged to swing away from such fire escape. 


PART XX. 
FIREPROOF CONSTRUCTION. 
§ 139. Foundation and Walls. 


All foundations, retaining walls, bearing walls, and piers in 
fireproof buildings, shall be made of brick or stone laid in 
cement mortar, or of concrete, plain or reinforced, or of iron 
or steel columns and beams enclosed in brick, tile, or conerete 
masonry. Wood shall not enter into their construction. 

Floors and Roofs.—Floors and roofs shall be constructed of 
beams made of steel or of reinforced concrete properly spaced 
and tied and spanned with arches or slabs made of fire-resist- 
ing materials, and of sufficient strength to carry the loads for 
‘which they are designed. 

Partitions.—F ireproof partitions subdividing ths space on 
the floor of a fireproof building may be built of steel or 
iron uprights not more than 16 inches on centers, lathed with 
metal lath and plastered both sides to a thickness of not 
less than one and three-quarter inches, or they may be built 
of hollow burnt clay, or other incombustible hollow build- 
ing blocks. To provide foundation for wood door and win- 
dow trim or other wood interior finish, wood frames may be 
set up in the partition for the openings and narrow wood strips 
may be built in for ether wood finish. Partitions subdividing 
space on the floor of a fireproof building (the arrangement of 
which may be changed) may be set upon the wood floor. 


156 BUILDING DEPARTMENT. 


The flooring may be of wood not exceeding one and one- 
eighth inches in thickness, nailed to wood sleepers not ex- 
ceeding two inches by four inches, imbedded in conerete to the 
under side of flooring. : 

The interior finish, window frames, sash and doors may be 
of wood. 

No window opening on a side next to an alley or other side 
not on a street below the eighth story of a fireproof building 
shall have either wood frames or sash, but shall have metal 
frames and sash with wire glass. 

Stairs.—The stairs and staircase landings shall be con- 
structed of brick, stone, conerete, iron or steel or a combination 
of these materials. 


In all fireproof buildings other than stores, warehouses and 
factories, if exceeding three stories or forty feet in height, the 
stair halls shall be inclosed on each story with fireproof ma- 
terial same as required for elevators to so form an enclosure, 
the floor area of which shall not be more than three times the 
united area of the floor openings for the elevators and stairs. 


§ 140. Fireproof Shutters and Doors. 


Every building, except private dwelling houses, churches, 
hotels, lodging houses, apartment houses, tenements, schools 
and other places of public assembly, shall have fireproof doors, 
blinds or shutters hinged to wrought iron eyes built into the 
wall on every exterior window and opening above the first 
story thereof; excepting on the front openings of buildings 
fronting on streets or where no other buildings are within fifty 
feet of such openings. 

The said doors, blinds or shutters shall be of standard con- 
struction, that is, constructed of pine or other soft wood of 
two or three thicknesses (depending on size) of matched 
boards, clinch-nailed at right angles or placed diagnolly with 
each other and securely covered with tin on both sides and alt 
edges with folded lapped joints, the nails for fastening the 
same being driven inside the lap; the hinges and bolts or latches. 
shall be secured or fastened to the door or shutter by wrought 
iron bolts passing through the door or shutter and secured by 
nuts and washers on the oposite side after the same has been 
covered with the tin, and such doors and shutters shall be hung 
upon a wrought iron frame independent of the woodwork of 
the windows and doors, or to wrought iron hinges securely 
fastened in the masonry. 


BUILDING DEPARTMENT. | 157 


All windows and doors in a wall of any building built upon 
a party line above the roof of an adjoining building, shall like- 
wise be protected with fire shutters. 

All outside fireproof shutters must be closed at night, and 
aany person, firm or corporation failing to keep closed at night 
time any outside fireproof shutter on any building owned or 
oceupied by said person, firm or corporation, shall be deemed 
guilty of a misdemeanor and on conviction shall be fined not 
less than ten or more than one hundred dollars for each offense, 
and each night said fireproof shutters are not so closed shall 
be deemed a separate offense, provided that where such build- 
ing to which said outside fireproof shutters are attached is a 
factory or other building being operated in the same manner 
at night time that it is operated in the day time, then said 
penalty shall not be enforced. 


§ 141. Metal Window Frames and Sash and Wire Glass. 


On any opening where the window frame and sash are of 
metal and the sash are glazed with wire glass not less than 
one-quarter of an inch in thickness, and each pane measuring 
not more than seven hundred and twenty square inches, the 
same shall be deemed an equivalent of and a substitute for 
fireproof shutters. 


§.142. Shutters Arranged to be Opened from the Outside. 


All shutters opening on fire escapes, and at least one row 
vertically in every three vertical rows on the front window 
openings above the first story of any building, shall be so ar- 
ranged that they can be readily opened from the outside by 
firemen. 

Rolling Metal Shutters—No rolling iron or steel shutters 
shall be hereafter placed above the first story of any building, 
and when used on the first story they shall be counterbalanced 
so that said rolling shutters may be readily opened by the fire- 
men. 


§ 143. Fireproof Floor Fillings Between Beams. 
Between the wrovght iron or steel floor beams may be 
placed arches made of brick or of hollow tile of hard-burnt 
clay, semi-porous terra cotta of uniform density and hardness 
of burn, or the space between the beams may be filled with 
arches of Portland cement concrete, plain or reinforced, but 
in any case, detail plans and strain sheets shall be submitted 


148 BUILDING DEPARTMENT. 


to the Inspector of Buildings showing the details of proposed 
construction, and no material in any part of the design shall 
be subjected to a greater working stress than is prescribed in 
part XVI of this Code. 

The Inspector of Buildings may require that an actual test 
be made of the proposed floor construction, such test to be made 
under his supervision and at the expense of the owner or con- 
tractor, and the floor construction be subjected to a fire test 
under a maximum floor load. 

Duly authenticated records of tests heretofore made of 
any system of fireproof floor filling and protection of the ex- 
posed parts of the beams may be presented to the Inspector of 
Buildings, and if the same be satisfactory to said inspector, 
it shall be accepted as conclusive. 


§ 144. Incasing Interior Columns. 


All east iron, wrought iron or rolled steel columns, inelud- 
ing the lugs and brackets on saine used for vertical supports 
in the interior of any fireproof building, or used to support any 
fireproof floor, shall be entirely protected with not less than 
four inches of hard-burned brickwork, terra cotta, concrete or 
other fireproof material, without any air space next to the 
metal, securely applied; but no plaster of paris or Lime mortar 
shall be used for this purpose, nor shall any plaster, whether 
or not on metal lathing, be considered a part of the covering 
required. 

No single block or unit of insulating material used for col- 
umn covering shall have a greater vertical dimension than six 
inches when placed in position, nor shall the shells and webs 
of hollow tile or terra cotta blocks be less than five-eighths 
inches in thickness, and these blocks shall be laid up with Port- 
land cement mortar, and the said blocks be suitably tied or 
anchored together. 

The extreme outer edges of lugs, breckets and similar sup- 
porting metal may project to within seven-eighths of an inch of 
the surface of the fireproofing. 

The fireproof coverings shall start upon the fireproof floors 
and continuously extend to the fireproof ceilings or underside 
of girders above and be entirely independent of any ornamental 
base or capital. | 

No pipes, wires or conduit of any kind shall be ineased in 
the fireproofing surrounding any column, girder or beam of 
steel or iron, but shall be placed outside of such fireproofing. 

Where the fireproof protection of columns is exposed to 
damage from the trucking or handling of merchandise, such 


BUILDING DEPARTMENT. 159 


fireproof protection shall be jacketed on the outside for a 
height not less than four feet from the floor with sheet metal 
or with vertical strips of oak; and if the oak be used for such 
purpose the vertical strips shall be sufficiently separated from 
each other always to show that the woodwork of the guard has 
been placed entirely on the outside of the fireproof material 
which ineases the metal column. 


§ 145. Incasing Exposed Sides and Bottom and Top Plates and 
Flanges of Girders and Beams. 


The exposed sides of wrought iron or rolled steel girders, 
supporting walls, iron or steel floor beams or supporting floor 
arches of floors shall be entirely incased with hard-burned 
elay, porous terra cotta, conerete or other fireproof material 
not less than four inches in thickness, and the bottom and 
top plates and flanges of such girders shall have not less than 
two inches in thickness of such insulating material. 

The bottom and top plates and flanges of all wrought iron 
or rolled steel floor and roof beams, and all exposed portions 
of such beams below the abutments of floor arches or filling 
between the floor beams shall be entirely incased with hard- 
burned clay, porous terra cotta, concrete or other fireproof 
material, such incasing material to be not less than two inches 
in thickness. 

All ineasing material to be securely attached to the girders 
and beams. | 

The shells and webs of hollow tile blocks shall be not less 
than five-eighths of an inch in thickness, and shall be laid up 
with Portland cement mortar, and the said blocks be suitably 
tied or anchored together. 


§ 146. Incasing Interior Columns and Girders in Non-Fireproof 
Buildings. 


In all non-fireproof buildings where iron or steel structural 
members are incorporated in the construction of the building, 
said iron or steel columns, girders, beams and other structural 
metal members shall be incased as before described in this 
Code, except that the thickness of such insulating material 
may be not less than two inches. 

The entire steel construction of roofs supported by trusses 
over large rooms may be uncovered, but no such roof fram- 
ing shall be uncovered, if the room is used for the sale or 
storage of materials. 


160 BUILDING DEPARTMENT. 


PART XXI. 
FIRE LIMITATIONS. 


§ 147-a. Fireproof Buildings. 


Unless otherwise specified in this Code, buildings will be 
considered of fireproof construction when they are built 
throughout of incombustible material, with the exception of the 
floor covering, interior finish and window frames. 

No frame, veneered or iron-clad building shall be built with- 
in the fire limits of the city of Louisville, except temporary 
sheds provided for in section 20 of this Code. No existing 
frame structure within the fire limits shall be altered or re- 
paired except as provided for in section 19 of this Code. 

All tenement or apartment houses within or without the 
fire limits, if more than three stories and a basement in height, 
shall be of fireproof construction. 

Every building more than 85 feet in height, shall be of 
fireproof construction. 

Every hospital, infirmary, asylum, school house, public hall 
and hotel over two stories in height, shall be fireproof through- 
out. 

All public automobile garages shall be fireproof. 

All theaters, opera houses, rooms for moving picture shows 
or other places of amusement, with a seating capacity of 500 
or more, shall be constructed of fireproof material throughout, 
except the stage proper, which may be of wood. 

All smokehouses hereafter to be built shall be constructed 
fireproof throughout. If they open into any other buildings, 
such openings shall have iron-covered doors. 

The basement of every non-fireproof building over two 
stories and basement in height hereafter altered or erected in 
the city of Louisville, and used as an apartment or tenement 
house, shall be made fireproof as required for fireproof build- 
ings. The floor construction over the basement shall be fire- 
proof, and if the story above the basement is used for a store 
or for other general purposes, or for offices, both the basement 
and the first story with the floor above the first story shall 
be made fireproof. 

The cornice of all three or more story buildings, if of wood, 
shall be covered with metal or otherwise thoroughly protected 
from fire. 


BUILDING DEPARTMENT. 16f 


§ 147-b. Fire Limits. 


The Fire Limits of the city of Louisville shall be as follows = 

Commencing at the center line of Jackson street, from cen- 
ter line of Fulton street to center line of Jefferson street ; thence 
on the center line of Jefferson street to center line of Floyd 
street; thence on center line of Floyd street to center line of 
Green street; thence on center line of Green street to center 
line of Second street; thence on center line of Second street to- 
eenter line of Broadway; thence on center line of Broadway to- 
center line of Fifth street; thence on center line of Fifth street: 
to center line of Walnut street; thence on center line of Wal- 
nut street to center line of Seventh street ; thence on center line 
of Seventh street to center lne of Grayson street; thence on 
eenter line of Grayson street to center line of Tenth street ; 
thence on center line of Tenth street to center lne of Congress 
alley; thence on center line of Congress alley to center line of 
Twelfth street; thence on center line of Twelfth street to center 
line of Market street; thence on center line of Market street to 
eenter line of Fifteenth street; thence on center line of 
Fifteenth street to center line of Main street; thence on 
center line of Main street to center line of Sixteenth street ; 
thence on center line of Sixteenth street to center 
line of Bank street; thence on a line parallel with Seven- 
teenth street to center line of Portland avenue; thence on cen- 
ter line of Portland avenue to center line of Fourteenth street ; 
thence on center line of Fourteenth street to Water front: 
thence on Water front to First and Fulton streets; thence om 
center line of Fulton street to Jackson street, to point of start- 
ing. 
Nothing herein shall be construed as prohibiting the city 
from establishing other Fire Limits from time to time by suit- 
able ordinances. 


PART XXII. 


FIRE APPLIANCES. 
§ 148. Stand Pipes. 


All buildings exceeding a height of seventy-five (75) feet: 
shall be equipped with stand pipes, one for each division of the 
building, or one for each ten thousand (10,000) square feet ox 
fraction thereof, or for each end street front. 


162 BUILDING DEPARTMENT. 


Such stand pipes shall not be less than four (4) inches in 
diameter for houses not exceeding one hundred and twenty- 
five (125) feet in height, and six (6) inches in diameter for 
houses exceeding one hundred and twenty-five (125) feet in 
sheight, except that where existing buildings are now equipped 
with stand pipes, the diameter may be three (3) and four (4) 
Inches respectively, but the number of stand pipes must con- 
‘form with the above requirements. 

All stand pipes shall be of wrought iron or galvanized steel, 
-and together with fittings and connections, shall be of such 
‘strength as to safely withstand three hundred (300) pounds 
-of water pressure to the square inch when installed ready for 
sservice, without leaking at the joints, valves, or fittings, and 
they shall be located in such a position in the building that the 
fire within any room in the building will not overheat the 
same, and where they are easily accessible in any public por- 
tion of the building. If placed in closets or shafts, the doors 
‘to the same shall not be locked. 


§ 149. Hose Connections. 


All stand pipes shall extend from the cellar to and through 
‘the room with a hose connection located from four (4) to six 
(6) feet above the floor level, fitted with approved straightway 
composition valves in each story, including the cellar; also a 
‘those connection provided above the roof with the valve con- 
trolling the same located so that it can be operated either from 
above or below the roof. <A suitable three-quarter of an inch 
«drain pipe and valve shall be provided for draining the connec- 
‘tion above the roof. 

Hose sufficient to reach to all parts of the floor shall be 
attached to each outlet in the building, and hose for the roof 
‘hydrant shall be placed in the top floor near the scuttle leading 
‘to the roof. Such hose shall be at least two and one-half inches 
‘in diameter, in fifty (50) foot lengths, and provided with stand- 
ard couplings at each end; however, one inch connections and 
those in addition to the above is permitted. 

All couplings are to be the same hose thread as that in use 
‘by the Fire Department. Such hose shall be linen or cotton 
rubber lined, or rubber. 

All hose shall be examined once a year and certified by the 
-Fire Department. 


BUILDING DEPARTMENT. 16. 





§ 160. Steamer Connections. 


All stand pipes shall be provided with a Siamese steamer 
connection located on the outside of the building and of easy ac- 
cess to the Fire Department. The inlet pipe from the steamer 
eonnection to the stand pipe shall not be less in diameter tham. 
the largest stand pipe. The Siamese steamer connection shall 
be provided with check valves in the Y and substantial brass: 
or gun metal caps provided to protect the thread on the 
connection. 

All portions of the Siamese connections or stand pipes that. 
are in danger of freezing shall be provided with a drip pipe: 
and valve for the purpose of draining the same. 

In addition to the provisions for steamer connections to- 
stand pipes, the water supply may be from city water where 
the pressure is sufficient, automatic fire pump of five hundred. 
(500) gallons or more per minute, elevated tank or steel pres- 
sure tank of not less than five thousand (5,000) gallons ea- 
pacity. 

In all buildings coming under these regulations as to height: 
which are occupied for sleeping purposes, such as_ hotels,. 
lodging houses, hospitals and asylums, the stand pipe system, 
must have at least one of the automatic supplies heretofore: 
described. 

Where such stand pipe is connected to a tank, there shall 
be a straightway check valve in the horizontal section of the 
pipe between the first hose outlet below the tank and the tank.. 
Such tank must be filled by a separate pipe and not through: 
the stand pipe, and where such tank is used for the house,. 
the house supply shall extend into the tank to such a height: 
as will reserve not less than thirty-five hundred (38,500) gal— 
lons of water for fire purposes. 

Where pumps constitute a supply to stand pipes, they shall 
be placed not less than two (2) feet above the floor level, and’ 
the boilers upon which the pumps depend shall be so arranged 
that the flooding of fires under the same will be impossible. 


§ 151. Dry Cleaning Buildings. 


Dry cleaning buildings must be equipped with steam pipes: 
running around the said building at the floor line, and alsm 
at the ceiling. From these steam pipes there shall be openings: 
or jets set at least every twelve (12) inches from center to 
center, and to graduate in size from one-eighth to three-eighths: 
of an inch. This steam system shall be: controlled by a valve: 


164 BUILDING DEPARTMENT. 


located at least ten (10) feet outside of said dry cleaning 
building. 


§ 152. Sprinkler Pipes in Basements and Cellars of Mercantile 
and Manufacturing Buildings. 

In such buildings as are used or oceupied for mercantile 
and manufacturing purposes there shall be provided in addi- 
tion to said stand pipe or stand pipes an approved system of 
automatic sprinklers placed at the ceiling of each story below 
the first or grade floor and extending to the full depth and 
breadth of the building. 

Said sprinkler pipes shall be connected with a pipe of noi 
less than four inches 1n diameter leading to the outside of build- 
ing and there provided with an approved Siamese steamer con- 
nection, latter to be installed under requirements set forth 
in this Code, and to be under the control and for the use of 
‘the Fire Department. 

A suitable iron plate with raised letters shall be securely 
attached to the wall near said steamer connection, reading 
“*Cellar Sprinklers’’ (where sprinklers are installed in cellars 
only) and reading ‘‘Automatie Sprinklers’’ where the entire 
‘building ‘s so protected. 


PAREOXSLIT 
FIRE ESCAPES. 
. 153. Fire Escapes to be Erected. 


Every building three or more stories high used as a hotel, 
office building, theater, lodging house, apartment house, tene- 
ment or for manufacturing purposes shall have at least one 
‘fire escape and as many more as may be necessary for safety. 

Every apartment and tenement house more than three 
stories high, having apartments for two or more families on 
one floor shall have a fire escape for each vertical series of 
‘such apartment. 

The location of fire escapes shall always be subject to the 
approval of the Inspector of Buildings. 

All fire escapes which are not constructed on puble streets 
and alleys shall connect at the bottom on the groundlevel to 
open passageways, connecting to streets or alleys and such 


BUILDING DEPARTMENT. 165 





passageways shall be maintained without doors or gates as the 
Inspector of Buildings may direct. 

All outside fire escapes must extend from the second floor 
baleony to the top of the building, and the second floor bal- 
cony must be connected with the ground by swinging steps 
or some device approved by the Inspector of. Buildings. 

All window frames and sash or doors opening on to fire 
escapes required under this ordinance shall be made of metal, 
or wood covered with metal, and glazed with wire glass. 


§ 154. Balconies. 


The balcony shall not be less than three feet in width. They 
shall. not be above nor more than nine inches below the open- 
ing. They must in all cases where practicable, cover two win- 
dows and extend not less than nine inches. beyond the side of 
any such window. The landing at the head and foot of each 
stairway shall not be less than twenty-four inches long; the 
opening in the platform shall be sufficiently long to provide 
clear head room. 


§ 155. Brackets. 


The platforms shall be supported by cantilever construction 
or by brackets. The top chord of the bracket shall extend en- 
tirely through the wall and be turned down three inches, or 
be properly secured by nuts and four inch square washers at 
least three-eighths of an inch thick. 

On new buildings the brackets shall be set as the walls are 
being constructed; on old buildings, holes shall be drilled 
through the walls to take the top chord. These brackets shall 
be not less than one-half inch by one and three-fourths inches 
wrought iron placed edgewise, or one and three-fourths inches 
angle iron one-fourth inch thick, well braced. They shall be 
not more than four feet apart and shall be braced by means of 
not less than three-fourths of an inch square wrought iron, and 
shall extend three-fourths of the width of the respective balcony 
oer bracket. The bottom end of these braces shall be fastened in- 
to the wall at a distance below the bracket of not less than 
eighteen inches. 


§ 156. Floor of Balconies. 


The floors of baleonies shall be of wrought iron or steel 
slats not less than one and a half inches by three-eighths of 
- an inch, placed not more than one and one-quarter inches apart, 


166 BUILDING DEPARTMENT. 


and wel! secured and riveted to iron battens one and a halt 
inches by three-eighths of an inch, not over three feet apart 
and riveted at the intersections. 

The openings for stairways in all balconies shall be not 
less than twenty-one inches wide and thirty-six inches long, 
and such openings shall have no covers of any kind. 

The platforms or balconies shall be constructed and erected 
to safely sustain in all their parts a safe load at a ratio of 
four to one, of not less than eighty pounds per square foot 
of surface. 


§ 157. Railings. 


The outside top rail shall extend around the entire length 
of the platform and in all cases shall go through the wall at 
each end, and be properly secured by nuts and four inch square 
washers at least three-eighths of an inch thick, and no top rail 
shall be connected at angles by cast iron. The top rail of bal- 
conies shall be one and one-quarter inch angle iron one-quarter: 
inch thick. The bottom rails shall be one and one-half inches 
by three-eighths of an inch wrought iron or steel, or one and 
a half inch angle iron one-quarter inch thick, well leaded into 
the wall. The standards or filling-in bars shall be not less than 
one-half inch round or square wrought iron or steel, well riv- 
eted to the top and bottom rails and platform frame. Such 
standards or filling-in bars shall be securely braced by outside 
brackets at suitable intervals, and shall be placed not more than 
six inches from centres; the height of railings shall in no case 
be less than two feet nine inches. 


§ 158. Stairways. 


The stairways shall be constructed and erected to fully sus- 
¢ain in all parts a safe load at a ratio of four to one of not less 
than one hundred pounds per step, with the exception of the 
tread which must safely sustain at said ratio a load of two 
hundred and fifty pounds. 

The treads shall be flat open treads not less than six inches 
wide and with a rise of not more than nine inches. 

The stairs shall be not less than twenty inches wide. 

The stringers shall be not less than three-inch channels of 
iron or steel, or other shape equally strong, and shall rest upon 
and be fastened to a bracket, which shall be fastened through 
the wall as herebefore provided. 

The stringers shall be securely fastened to the balcony at 
the top, and the steps in all cases shall be double-riveted or 
bolted to the stringers. 


BUILDING DEPARTMENT. 167 


The stairs shall have three-quarter inch hand-rails of 
wrought iron, well braced. 
The inelination of the stairs shall never exceed sixty de- 


#TECCS. 
§ 159. Drop Ladders. 


A proper drop ladder at least seventeen inches wide may be 
used when it is not practicable to use a counterbalanced stairs. 
Rungs shall be made of three-quarter of an inch square iron, 
spaced fourteen inches center to center. 


§ 160. Painting. 


All the parts of such fire escapes shall receive two coats of 
paint, one in the shop and one after erection. 


§ 161. Inside Stairways. 


Inside stairways entirely enclosed by fire walls, and having 
a location approved by the Inspector of Buildings, may be used 
instead of outside fire escapes. 


§ 162. Other Forms of Fire Escapes. 


Any form of fire escape equal in safety and efficiency to 
those above mentioned may be used. 


PART XXIV. 
ELEVATORS—HOISTWAYS—DUMBWAITERS. 
§ 163. Permit for Erection of Elevators. 


It shall be unlawful for any person or persons, company or 
corporation to construct, erect or place, or to cause to be con- 
structed, erected or placed in any building or structure, erected 
or in the course of erection, any elevator to be used for ecarry- 
ing passengers or freight from one floor to another without 
first having obtained from the Inspector of Buildings a permit 
therefor. 

Before the Inspector of Buildings shall issue such permit 
for the erection, construction, or use of such elevator, there 


168 BUILDING DEPARTMENT. 





shall be filed in his office as a matter of record, plans and 
specifications showing the proposed method of installation. 

Certificate of Inspection.—It shall be the duty of every 
person owning, controlling, operating or using, as owners, 
lessees or agents, of any passenger or freight elevator (or pas- 
senger and freight elevator), within the limits of the city of 
Louisville, to expose to the public view in the elevator car 
or platform a certificate of inspection as issued by this de- 
partment. k 

Inspection Records.—The Inspector of Buildings shall cause 
to be kept a proper record of all notices, certificates of inspec- 
tion, etc., issued in connection with the elevators in the city 
of Louisville; such inspections shall be made by properly ap- ~ 
pointed inspectors, under his supervision, and in acordance with 
the ordinance covering the proper installation and repairs to 
all classes of elevators as hereinafter mentioned in this ordi- 
nance. 

Unlawful to Run Elevators Without Certificate of Inspec- 
tion.—-It shall be unlawful to run or operate any elevator with- 
out first having obtained the ‘proper certificate from the 
Building Inspector’s office. Any one guilty of operat: ng an 
elevator without such certifeate will be Hable to the fines ‘as 
inposed under this ordinance. | 

Care of Elevators —Every owner, lessee or age: shall re- 
quire the person in charge of the running of the elevator to 
carefully examine all the appliance once every twenty-four (24) 
hours, and upon the discovery of any defects tending to en- 
danger life, the elevator shall be shut down at once and the 
Inspector of Buildings notified of the condition of the elevator. 
The use of any such defective elevator shall be prohibited un- 
til the necessary repairs to make it safe have been made. 


§ 164. Elevator Enclosures. 


The hatchways for all elevators in fireproof office buildings, 
or hotels, shall be guarded and protected by at least grill work 
on all exposed sides, at least seven (7) feet high. The front 
of the hatchway shall be inclosed by this grill work, the full 
width of same and extending the full height from the floor 
to the ceiling. The entrances or doorways shall be fitted with 
shding doors having rollers and track of substantial con- 
struction, and fitted with locks so arranged that they cannot 
be opened from the outside except by the use of a key. 

Enclosures for hatchways in buildings that are not fire- 
proof, or fireproof buildings not mentioned in the above para- 


BUILDING DEPARTMENT. 169 





graph, shall be subject to one of the three following rules of 
construction. 

Form 1.—Hatchways to be of solid brick or concrete walls 
of such thickness as called for by the regular building ordi- 
nance, same to be built from the basement or ground floor to 
a point three feet above the roof, and the openings into the 
shaft to be properly protected by at least semi-automatic gates 
of standard construction. 

Form 2.—The hatchways may be constructed of an iron 
frame of proper strength to support the elevator, same to ex- 
tend from, the basement to the proper height for the travel of 
the elevator. This iron frame shall be fitted with wired glass, 
the size of each plate of glass not to exceed twenty-four inches 
by thirty inches; the entrances or doors to be fitted with the 
same wired glass construction. 

Form 3.—In lieu of the above walls or iron frame work, 
the Inspector of Buildings may permit the use of Fusible Link 
Underwriters’ Hatchway Doors, or Covers; and the exposed 
sides of the hatchway to be properly guarded. All loading or 
unloading sides, or entrances to the elevator must be protected 
at least by semi-automatic hatch gates of standard construc- 
tion. 

§ 165. Openings in Elevator Shafts. 


All windows in fire resisting enclosures shall be made of 
metal glazed with wire glass. No light to be over 3,000 square 
inches in area. . 

All doors into such shafts shall have metal frames and metal 
doors, or doors made of wood covered with metal. Wired 
glass may be used in such doors, in lights not more than 3,000 
square inches in area. 

Doors used for openings in dwelling houses intended for 
the occupancy of one family may be of wood covered with 
metal on the inner surface and edges with metal, not in- 
eluding the openings in the cellar nor above the roof in any 
such shaft walls, which latter doors shall be covered with 
metal. 

The roofs over all inclosed elevators shall be made of fire- 
proof material, with a skylight at least three-fourths the area 
of the shaft, the glass to be not less than one-eighth of an inch 
thick and covered above and below with strong wire netting. 
Wired glass shall not be used in skylights over elevator in- 
closures. Wire glass windows with metal frames of equal 
area may be used in place of skylight. 


170 BUILDING DEPARTMENT. 


-§ 166. Pent Houses. 


Pent houses over unenclosed elevator shafts in existing non- 
fireproof buildings may be made of the same construction as the 
roof of the main buiiding, but must be lined with metal from 
the top down to the ceiling line. No woodwork shall be ex- 
posed on either the inside or outside of the pent house. 

Shafts Through Parts of Buildings.—When the shaft does 
not extend to the bottom of the cellar or lowest story, the 
lower end shall be enclosed in fireproof material. 

When the shaft does not extend above the top floor, it 
shall be covered with fireproof material. 

In all cases of enclosures, there must be ample facilities for 
lighting the shaft. 


§ 167. Sereens. 


Immediately under the sheaves at the top of elevator shafts 
(except when enclosing hand power elevators or dumb-waiters) 
there shall be placed a metal grill or grating with the bars 
spaced not more than one and a quarter inches apart. The 
construction and support of the grillage to be approved by the 
Inspector of Buildings. 

All stairways coming in contact with an elevator shaft 
must have a fire-resisting partition separating the shaft from 
the stairs. 

Where there are more than one elevator in a battery, the 
divisions between them need not be fireproof. 

When elevators are to be installed in existing buildings 
having wood joists or floor supports, and it is impracticable to 
erect fireproof enclosure walls, then all floor openings must be 
provided with trap doors of a thickness of not less than one 
and one-eighth inches, hinged at floor and held open by a 
fusible link, which, in the event of fire, will open and allow the 
door to fall. The entire under side of such trap doors shall 
be lned with tin properly lock-jointed, tin to extend over all 
edges and be properly secured to upper side of door. 


§ 168. Elevator Cars. 


All passenger elevator cars must be entirely enclosed from 
floor to canopy, except only the door opening. 

When the car of any passenger elevator shall have more 
than one entrance or exit, all such entrances or exits, except 
the one immediately in front of the operator, shall be closed 
with siding doors inside the car. Such doors to be the full 


BUILDING DEPARTMENT. 7) 





height, and shall be closed before starting the car, and no door 
shall be opened before the car has come to a full stop. 

Opening or closing doors of elevators while the car is in 
motion, shall be unlawful and shall subject the operator to the 
penalties of this ordinance. 

Carriage elevators shall be enclosed or guarded as directed 
by the Inspector of Buildings. 

The latch fastenings of all passenger elevators must be ar- 
ranged to operate from the inside of shafts only, and doors 
open from outside only by use of a key. 

Freight enclosure doors may be made to hinge or slide up 
and down, or have semi-automatic gates not less than five feet 
high; but where hinged gates are used, there must also be a 
hinged guard rail inside next to elevator shaft. 

All elevators, except plunger elevators and sidewalk lifts 
and vehicle elevators, shall be provided with approved safety 
devices to the bottom platform, and so arranged that the 
safety device will grip and the guide from the sides to prevent 
spreading the guides in case any cable should break or be- 
come detached. 

Elevators shall be provided with automatic stops to bring 
the car to a stop without a jar or jolt at the top and bottom, 
independent of the operator. 


§ 169. Magnetic Controlled Elevators. 


All magnetic controlled elevators shall be equipped with 
electrical limit stops in the hatchway, besides the automatics 
mentioned in the above paragraph. These limit switches must 
break the current and apply the break independent of the 
operator. 

All passenger elevators hereafter installed shall be equipped 
with an efficient automatic down speed governor to be prop- 
erly set. 

All electric elevators hereafter installed must be equipped 
with an efficient circuit breaker. 

Every power elevator shall be provided with a limitation, 
device to stop the car at upper and lower landings auto- 
matically, and a device to stop unwinding of cables from the 
drum, in case of stoppage of descending car from any cause. 


§ 170. Cables, Head Room and Brakes. 


All freight elevators controlled by cable shall be provided 
with a lock to hold them at fioors when loading. 
No elevator hereafter installed shall be permitted to have 


172 BUILDING DEPARTMENT. 


attached above or below the cars a freight compartment or 
similar device. 

Cables.—No power elevator shall be equipped with less than 
two main lifting cables, and if a counterweight is used, there 
must be at least two cables used to each set of weights. All 
cables must be installed of size of the basis of giving a factor 
of safety of at least eight to one. 

All counterweights shall have their sections strongly bolted 
together and no open weights may be used. They shall be 
placed in suitable frames to prevent any section of same from 
falling on car. There shall be no less than three feet of 
clearance between the top of counterweight and the under side 
of overhead beam when the ear is resting on the bumpers. 
This does not apply to hand power elevators. 

All passenger elevators having a speed of one hundred feet 
or less per minute, shall have four feet head room between 
top of car and bottom of overhead grating, and two feet SIX 
inches pit room at bottom landing. 

For each additional one hundred feet, or fractional part in 
the car speed, there shall be an additional twelve inches added 
to the overhead room and pit room just given above. 

All passenger plunger elevators having a speed exceeding 
two hundred feet per minute, shall be equipped with an emer- 
gency brake to slow the car down in ease of an accident. 

All overhead machinery for passenger elevators shall rest 
on steel beams or girders properly anchored, same to be ap- 
proved by the Inspector of Buildings. 

All overhead sheaves on all types of elevators shall be of 
ample size to give a factor of safety of at least six; the diame- 
ters of these sheaves must be at least forty times the diameter 
of the cable running over them. 

All passenger elevators shall have steel guides properly 
bolted to each floor. 

All power freight elevators shall have at least three feet 
head room and two feet pit room. 

The guides post and runners of all freight elevators shall 
be fastened with bolts with nut locks. Wood screws will not 
be allowed. 

All freight elevators shall have the car enclosed on three 
sides, the height to be no less than five feet. 

All freight elevators now in use or hereafter installed in 
old buildings must have the floor openings enclosed on three 
sides not less than five feet high placed at each landing, and 
have efficient self-closing gates. 


BUILDING DEPARTMENT. 173 


§ 171. Dumb Waiters. 


All dumb-waiter shafts in non-fireproof buildings shall be 
inclosed with incombustible stud partitions or fireproof par- 
titions. In all fireproof buildings they shall be inclosed with 
fireproof partitions, 

All dumb-waiter shafts shall be fire stopped at the bottom 
and top. 

Dumb-waiters that extend through four or more stories shall 
be deemed freight elevators, and shall be inclosed and equipped 
with doors and gates accordingly, except that they need not ex- 
tend to the roof or be provided with skylights or windows at 
the top. 

In dumb-waiter shafts, all openings must have doors which 
shall be kept closed at all times when not in actual use. 


§ 172. Basement and Sidewalk Elevators. 


Where basement or sidewalk elevators are installed, it will 
be necessary to furnish a guard at the first floor or street 
level. If at the street level, the hatch doors when open must 
be protected by a collapsing gate or bars. When the elevator 
is inside a building, the open sides of the hatchway must be 
protected by at least a solid enclosure, or a sliding enclosure 
at least three feet six inches high, or gates of at least the 
semi-automatic type at the loading sides. 

The Inspector of Buildings may cause repairs to be made 
upon any elevator, or he may close any unsafe elevator, and 
prevent the use of the same until repairs are made and the 
elevator placed in charge of a competent operator. 

Any failure upon the part of the proprietor of the premises 
- to comply with any lawful order of the Inspector of Build- 
ings or his assistant in regard to any elevator, shall subject 
the proprietor of said premises to a fine of from $10 to $50 
and each day that such elevator is operated after receipt of 
such order shall constitute a separate offense. 

Automatic passenger elevators can only be used in private 
residences or exclusively for private use in other buildings. 

Passenger elevators shall be limited to carry one person to 
each four hundred square inches of floor space. 

No one shall be allowed to ride on a freight elevator other 
than the operator and the person handling the freight. 

In making changes or alterations to elevator shafts, guide 
posts, overhead machinery or power, such work must be made 
to conform with the present law and regulations. 


174 BUILDING DEPARTMENT. 


PART XXV. 


HRAME BUILDINGS. 
§ 173. Foundations. 


Unless founded upon solid rock, the foundation walls for 
frame buildings shall be at least eighteen (18) inches below 
the established grade of sidewalk, or if the house is set back 
from the street, then at least eighteen (18) inches below the 
grade of the lot. 

All foundation walls shall be provided with footings prop- 
erly proportioned to carry the superimposed load on the soil 
where they are used. 

The foundation walls may be made of rubble, stone, brick or 
concrete. 

Foundation walls of stone shall be eighteen (18) inches 
thick. If they are made of brick or concrete they shall be at 
least nine (9) inches thick. 

If there is a cellar under the building, the brick walls en- 
closing the cellar on all sides shall be not less than thirteen 
(13) inches thick up to the average grade line of the lot en- 
closing the cellar, but may be only nine (9) inches thiek, or 
made of eight inch concrete blocks above the ground line, if 
provided w ith proper lateral supports. 

In case of veneered frame houses, the foundation watts shall 
be at least thirteen (13) inches thick. . 


Inside walls of brick or Portland cement conerete may be 


nine (9) inches in thickness, if not over ten (10) feet in’ 


height, if provided with proper lateral supports. 

No wall under any part of a frame dwelling shall be less 
in thickness than above. This apples to cellar huts, porches, 
bay windows and other appurtenances to a dwelling. 


Ventilators shall be provided in foundations, one under each | 


outside wall of each room. — 

By lateral supports for walls is meant cross walls, buttresses 
or other supports made of concrete, brick or stone. 

Framing.—The construction of a frame building may be 
made with a timber framing of posts, girts, plates, rafters, or 
it may be made the ordinary balloon framing. 

In either case the floor joists and the studding and rafters 
shall not be less than two (2) inches thick. | 

Floor beams and joists shall not be notched for pipes, ex- 


cept within two (2) feet of the ends, and not more than two 


(2) inches in depth. 


——_— 


BUILDING DEPARTMENT. 175 


All veneering material shall be safely and efficiently an- 
chored to the wood construction. 

The character of materials required in the construction of 
frame buildings and their allowable stresses: The cellars: 
vaults, steps and areas of such buildings, their chimneys, flues, 
fireplaces, pipes, ducts and shafts, all heating appliances and 
all the plumbing and electrical work shall conform to the re- 
quirements of this ordinance, and no ordinances governing 
plumbing and electrical work for such parts and features of 
the construction, except that it shall not be necessary to use 
metal or wire laths for the ceiling of cellars of any frame 
building, and the cellar stairs in frame buildings may be placed 
directly under main stairs and no brick wall shall be neces- 
sary to enclose the same. 


§ 174. Spacing Frame Buildings. 


No frame building, except a coal house or similar outhouse > 
in the rear of a lot and not used for residence purposes, shall 
be built nearer than four (4) feet to any other building. The 
sheds mentioned herein may extend the entire width of the lot. 


§ 175. Buildings on Rear of Lot. 


No building of any class of construction shall be built fac- 
ing an alley and to be used as a residence or tenement house, 
unless a clear open space of not less than six (6) feet is left be- 
tween the front of the building and the property line. No 
porch or veranda, or projection of any kind shall extend over 
this open space. 


§ 176. Veneered Buildings. 


Outside the fire limits, frame buildings not over two (2) 
stories and an attic in height may be veneered with brick, 
stone or terra cotta.. Such veneer work must be tied to the. 
frame by means of wall ties driven through the sheathing and 
clinched on the back and the veneer must rest solidly on the 
foundation walls. 


§ 177. Row of Buildings. 


Whenever two or more frame dwellings are built in a row, 
the division walls separating the different houses must be built 
of brick, concrete or other incombustible material, and such 
walls must:conform with all other requirements of this ordi- 


176 BUILDING DEPARTMENT. 








nance as to the thickness, length and height of walls, and must 
.extend two (2) feet above the roof and must be properly coped. 


PART XXVI. 


DRY-CLEANING ESTABLISHMENTS, PUBLIC GARAGES 
AND STORAGE OF OILS. 


§ 178. Dry Cleaning Establishments. 


Buildings used for dry-cleaning business shall not be more 
than one (1) story high, without a basement underneath. 

All doors and windows in such buildings shall be fireproof 
doors and windows; no opening, unless guarded by a fireproof 
door or window shall be closer than thirty (30) feet from any 
other building. 

The floors in such buildings shall be of cement and shall 
drain on all sides to a gutter of twice the capacity of the 
amount of liquids in said building. 

Such buildings shall ‘be ventilated by means of air inlets 
six (6) feet or more above the floor, such inlets to be not less 
than ten (10) inches square and not more than six (6) Ieet 
apart, and by means of an exhaust fan close to the floor, of a 
size to change the air in the building every three minutes. 
Such ventilating system shall be in operation at all times dur- 
ing the use of the building. 

All heating shall be done by hot water or steam. 

No steam boiler, dynamo or motor shall be closer than ten 
(10) feet to such building. 

Drying rooms must be fireproof and must be separated 
from the cleaning room by fireproof fire walls extending three 
(3) feet above the roof. 


§ 179. Public Garages, 


Publie garages shall be fireproof buildings, and all existing 
public garages must be made at least slow burning and have 
fireproof floors where vehicles are placed, and in other re- 
spects they shall conform with the following provisions: 

All public garages shall be entirely separated by solid walls 
of brick or conerete from any and all portions of such build- 
ing used for any other purpose; 

All openings in such walls shall be protected by automatie 
fireproof doors. | 


BUILDING DEPARTMENT. Bee 





§ 180. Heating and Lighting in Garages, 


Heating must be done by steam or hot water. 

The boiler room and any room where electric charging 
apparatus is used must be fireproof, and all openings between 
such rooms and other parts of the garage shall be protected 
by automatic double fireproof doors on each side of the wall. 

No stoves, forges, torches or furnaces, and no open flame 
fire, except as provided in fireproof boiler room, no lights, 
except electric incandescent lights properly inclosed in vapor- 
tight globes, protected by approved wire guards, shall be used 
or allowed in any garage. 

All fire and lights on vehicles or under the boilers thereof 
shall be extinguished upon the entry of such vehicles into the 
garage within ten (10) feet of the threshold and shall not be 
lighted while the same is in the garage until the vehicle is 
trought within ten (10) feet of the threshold of the exit. 

No person shall smoke in any garage. <A notice in large 
letters, ‘“No Smoking”’ shall be kept displayed in a conspiew 
ous place and manner on all floors and at the entrance of ail 
garages. 

On the floor of every garage there shall be constantly kept 
and maintained convenient receptacles filled with sand to be 
used in absorbing waste oils on the floors. In addition thereto, 
sand shall be kept on every floor in boxes or buckets of ap- 
proved construction, provided with hand scoops to be used 
for fire extinguishing purposes only; one such box or bucket 
for each one thousand (1,000) square feet of floor area or 
fraction thereof. 

One three-gallon carbonic acid gas fire extinguisher of 
approved construction shall be provided and conveniently 
located for each thousand square feet of floor space, or frac- 
tion thereof. ? 

Self-closing metal cans set firmly on four inch legs shall 
be kept on all floors of every garage into which all inflam- 
mable waste materials shall be deposited. 

Calcium carbide shall be kept in air-tight receptacles at 
least six (6) inches above the floor in an air-tight container 
provided with a securely fastened cover; if there be a boiler 
compartment, the container shall be located within the same. 


§ 181. Storage and Handling of Volatile Substances. 


All volatile substances used in dry-cleaning buildings and 
public garages, and wherever used in connection with any 


173 BUILDING DEPARTMENT. 





other forms of industry or manufacture, shall be stored in 
closed tanks. 

Where the tank is placed inside of building, the supply to 
same must be run underground to the outside and have inlet 
for supply outside of building. 

All storage tanks shall be constructed of steel and coated 
on the outside with tar or other rust-resisting material. The 
material of all tanks shall be at least three-sixteenths (3-16) 
of an inch thick. 

No tank shall have a capacity in excess of two hundred. 
and fifty (250) gallons. 

All joints must be tightly corked. All pipes connected 
with the tank shall be at the top thereof; all tanks must be 
so buried that no part of the top thereof shall be less than 
two (2) feet beneath the surface of the ground at the point. 
where the tank is located. 

All tanks must be completely cased and surrounded with 
six (6) inches of waterproof Portland cement concrete, well 
tamped in place. 

Not more than ten (10) gallons of volatile inflammable 
liquid shall be kept in vessels in a garage, and then only in 
approved safety cans constructed of metal, self-closing, and of 
a capacity of not more than five (5) gallons each. When not 
in use, the said cans must be placed and kept in drip cans, 
kept therein. 

In leu of the above described safety cans, portable filling 
tanks of approved construction, not to exceed fifty (50) gallons 
and in garages maintaining a pumphouse, must be placed and 
gallons in capacity may be used for transporting volatile in- 
flammable liquids to and from the storage tanks for filling 
and charging the vehicles. The said portable tanks shall be. 
supported on rubber tired wheels and shall be provided with. 
a rubber hose attachment not to exceed eight (8) feet in 
length, equipped at the end with shut-off valve with ground 
key. 

No volatile inflammable liquid shall be used in a garage 
for cleaning or for any other purpose whatsoever other than 
filling tanks of such vehicles. 

No such liquid shall be allowed to run upon the floor or to 
fall or pass into the drainage system of the garage; nor shall 
any of such liquid be put into or removed from the tank of 
the vehicle while any light or fire on the same is burning and 
no such liquid shall be carried or kept in open vessels in any 
garage. 


BUILDING DEPARTMENT. 179 





§ 182. Storage of Oils. 


Buildings for the storage and handling of oils, petroleum, 
erude petroleum, gasoline, naphtha, benzine, camphine, carbon 
oil, spirit, gas, burning fluid, spirits of turpentine or coal, rock 
or earth oil, except oils that will stand a fire test of 150 de- 
grees or more in the open air, shall be used for such purposes 
only. 

Such buildings shall be fireproof. 

All such oils in larger quantities than fifty (50) gallon 
barrels, shall be stored in closed tanks. 

Such tanks shall either be entirely buried and ineased in 
conerete, or they shall each be surrounded completely by a 
room having a cubic contents twenty-five (25) per cent greater 
than the capacity of the tank. 

The walls of such rooms shall be constructed of brick and 
Portland cement, or of conerete and have concrete floors. The 
walls and floors are to be perfectly water and oil tight. 

Such room shall be closed on top and provided with a 
suitable vent eovered with a fine screen sufficient to exclude 
all sparks. The walls and screens shall be at least three (3) 
feet higher than the top of the tanks. 

No oils shall be drained into the sewer and the draining 
of all spaces in the building shall be through a grease trap 
er cistern, 

Such cistern shall have a capacity above its outlet equal 
to the largest tank in the building, and drains to all places 
in such building shall have valves. 


|e: iy MEDD BE 


PUBLIC BUILDINGS, THEATERS, MOVING PICTURE 
ROOMS, AND OTHER PLACES OF 
ASSEMBLAGE. 


§ 183. Pubhe Buildings. 


In all public buildings or buildings of a public character— 
Such as hotels, ehurches, theaters, restaurants, railroad 
cepots, public halls and other buildings used or intended to 
be used for purposes of public assembly, amusement or instrue- 
tion, and including department stores and other business and 
manufacturing buildings where large numbers of people are 


180 BUILDING DEPARTMENT. 








congregated, the doors, stairways, seats, passageways and 
aisles, and all heating apphances and apparatus shall be ar- 
ranged as provided in this Code to facilitate egress in’ cases. 
of fire or accident, and to afford the requisite and proper ac- 
commodation for the public protection in such cases. 


§ 184. Obstructions. 


All aisles and passageways in said buildings shall be kept 
tree from camp stools, chairs, sofas and other obstructions, 
and no person other than an employe or policeman or fireman 
shall be allowed to stand in or occupy any of said aisles or 
passageways during any performance, service, exhibition, 
lecture, concert, ball, or any public assemblage. 


§ 185. Inspector’s General Powers. 


The Inspector of Buildings may at any time serve a written: 
or printed notice upon the owner, lessee or manager of any 
of said buildings, directing any act or thing to be done or 
provided in or about the said buildings and the several apph- 
ances therewith connected, such as halls, doors, stairs, win- 
dows, seats, aisles, fire walls, fire apparatus and fire escapes,. 
as he may deem necessary for the safety of the occupants or 


the public. 
§ 186. Theaters With Stage More Than Twenty Feet Deep. 


Under this heading is included all theaters, opera houses, 
play houses, pavilions or any assembly hall having a perma- 
nent stage tw enty (20) feet or more in depth from the curtain 
line to the rear wall, and upon which stage, scenery and the- 
atrical apparatus is employed, and having Aly galleries and 
rigging loft. | 


§ 187. Entrances and Exits. 


Every such building shall have at least one front on a 
street, or on a public way which public way shall not be less. 
than thirty-six (36) feet in width, and in such front there shall 
be suitable means of entrance and exit for the audience. 

The stage shall be at the end of the ate opposite to 
the main entrance. 


BUILDING DEPARTMENT. 181 





§ 188. Width of Main Corridor. 


The width of this main entrance or corridor leading from 
the street or public way to the main, auditorium shall not be 
less at any point than fifteen (15) feet. 

The width of the main entrance or corridor shall be es- 
timated on a basis of not less than twenty (20) inches for each 
one hundred (100) persons for whom seats are provided, and 
who may gain access to the corridor as a means of entrance or 
exit, . 

The main corridor may serve as a common place or entrance 
and exit for the main floor of the auditorium and the balcony 
or first gallery, provided its capacity be equal to the aggregate 
capacity of the outlets from said main floor and balcony or 
gallery as provided for above in this section. 

The width of all entrances and exits for each distinct and 
separate division of the auditorium shall be based upon the 
same estimate of not'less than twenty (20) inches for each one 
kundred (100) persons served by such entrances or exits. 

In ease the balcony, or first gallery ,in addition to the 
stairway or stairways connecting it with the main auditorium 
floor or main corridor has an inside stairway or stairways 
leading direct to the street or public way, ‘then the capacity 
of this stairway may be taken into consideration in determin- 
ing the width of the main corridor above the minimum width 
of fifteen (15) feet herein provided for. 


§ 189. Gradients. 


The level of all corridors, open spaces and exits shall be 
not more than one foot above the level of the sidewalk when 
they begin at the street or alley or outer public way, but this 
shall not preclude the use of steps at the entrances to the sides 
or rear of the building as may be necessary to overcome the 
differences in grade of sidewalks. 

To overcome slight differences of levels in and between 
any open space on the side of such theater or in and between 
any corridors, lobbies, passageways or aisles on the ground 
floor, gradients shall be employed of not over one (1) foot in 
ten (10) feet with no perpendicular rises. 


§ 190. Side Courts. 


In addition to the main entrance or exit, there shall be an 
open court or space on the side not bordering on a street or 
publie way, when the said building is located on a corner lot 


4Re BUILDING DEPARTMENT. 





and on both sides of said building, when there is but one front- 
age on the street. 

The width of these open courts shall be proportional to the 
seating capacity of the theater, and the general arrangement 
of the exits for speedily emptying the building. 

There shall be no doors or gates in these side courts or 
alleys, which side courts or alleys shall lead direct to a street 
er public way without a turn. 


§ 191. Courts and Corridors Fireproof. 


All courts and corridors shall be entirely fireproof and shall 
‘be used for no other purpose than for entrance and exit to 
and from the theaters and stage. 


§ 192. Emergency Exits. 


From the auditorium opening into the open courts or the 
side street or public way, there shall be not less than two exits 
on each side in each tier from and including the ehoune floor 
and each and every gallery. 

Each exit shall be at least five (5) feet wide in the clear 
and provided with fire doors constructed as provided in this 
Code. 

All of said doors shaH open outwardly and shall be ar- 
ranged to open by a slight pressure from the inside without 
the unfastening of bolts or latches. 

There shall be balconies not less than four (4) feet in width 
in said open courts at each level or tier above the ground 
floor of sufficient length to embrace the two exits, and from 
‘said balconies there shall be staircases extending to the ground 
level with a rise of not more than eight (8) inches to a step, 
and not less than ten (10) inches tread exclusive of nosing. 

All stairs and balconies shall be constructed of fireproof 
material. 

No circular or winding stairs for the use of the publie shall 
be permitted, either inside or outside of the building. 


§ 193. Inside Stairways. 


No theater shall have more than three floor tiers above the 
main floor of the auditorium. 

Distinct and separate places of entrance and exit shall be 
provided for each gallery above the balcony or first gallery, 
by means of inside stairways leading to the street or other 
public way and not through the main auditorium or baleony. 


BUILDING DEPARTMENT. 18% 





No passage leading to any stairway communicating with 
an exit (not including fire escape exits), shall be less than 
four (4) feet in width, 

The width of all stairs shall be measured in the clear 
between hand rails. 


§ 194. Risers and Treads. 


In no ease shall the risers of any inside stairway exceed 
seven and one-half (714) inches in height, nor shall the treads 
exclusive of nosings be less than ten and one-half (1014) 
inches in width in straight stairs. 

All stairs within the building shall be constructed of fire- 
proof material throughout. 

Stairs from baleony or galleries shall not communicate with 
the basement or cellar. 

No doors shall open immediately upon a flight of stairs, 
but in all cases a landing at least the width of the door shall 
be provided. 


Doors to Open Outwardly. 


All doors shall open outwardly as hereinbefore provided 
in the case of emergency exits. 

All stairs shall have treads of uniform width and risers of 
uniform height throughout in each flight. 


§ 195. Width of Inside Stairways. 


No stairways from galleries shall be less than four (4) feet 
in width. 

When accommodation is provided for one hundred or more 
people, there shall be at least two stairs extending to the 
ground arranged on opposite sides of gallery and for every 
additional seventy-five people or fraction thereof in excess of 
the first one hundred to be accommodated, six inches shall 
be added to the width of the stairs divided between the two 
flights. 

Where the seating capacity of the galleries is for more 
than one thousand (1,000) persons, one or more additional 
staircases shall be provided. 


§ 196. Stair Landings in Theaters. 


- When straight stairs return direct on themselves, a land- 
ing of the full width of both flights without any steps shall 
be provided. 


184 PUILDING DEPARTMENT. 





The outer line of landings shall be curved to a radius of 
mot less than two (2) feet to avoid square angles, 

Stairs turning at an angle shall have a landing without 
winders introduced at said turn. 

In stairs when two side flights connect with one main 
flight, no winders shall be introduced, and the width of the 
main flight shall be at least equal to the aggregate width of 
the side flights. 


§ 197. Hand Rails. 


All inelosed staireases shall have on both sides strong 
hand-rails firmly secured, to the wall about three inches dis- 
tant therefrom and about three feet above the stairs, but said 
hhand-rails shal] not run on level platforms and landings where 
the same are of greater length than the width of the stairs. 

All staircases eight feet and over in width shall be pro- 
vided with a center hand rail of metal not less than two inches 
in diameter placed at a height of about three feet above the 
eenter of the treads and supported on wrought metal or brass 
standards of sufficient strength placed not nearer than four 
feet nor more than six feet apart, and securely bolted to the 
treads or risers of stairs, or both, and at the head of each 
flight of stairs on each landing, the post or standard shall be 
at least six feet in height, to which the rail shall be secured. 


§ 198. Proscenium Wall. 


A fire wall built of brick or its equivalent not less than 
thirteen inches in any portion of same shall separate the aud- 
itorium from the stage, and the same shall extend at least 
four feet above the stage roof, or the auditorium roof, if the 
latter be the higher and shall be coped. 

Above the proscenium opening there shall be an iren 
girder of sufficient strength to safely support the load above 
and the same shall be covered with fireproof material not less 
than four inches in thickness. 

Should there be constructed an orchestra over the stage 
above the proscenium opening, the said orchestra shall be 
placed on the auditorium side of the proscenium fire wall, and 
shall be entered only from the auditorium side of said wall. 

The molded frame around the proscenium opening shall 
be formed entirely of fireproof materials; if metal be used, the 
metal shall be filled in solid with non-combustible material and 
securely anchored to the wall with iron. 


f 
BUILDING DEPARTMEN1. 185 








§ 199. Curtain. 


The proscenium opening shall be provided with a fireproof 
metal curtain (or a curtain of asbestos or other fireproof 
material approved by the Inspector of Buildings), overlapping 
the brick proscenium wall at each side within iron grooves or 
channels to a depth of not less than twelve inches; said grooves 
or channels to be securely bolted to the brick wall and extend 
to a height of not less than three feet above the top of the 
curtain when raised to its full limit. Said curtain to be sus- 
pended or hung by steel cables passing over wrought iron or 
steel sheaves supported by wrought iron brackets of sufficient 
strength and well braced; the brackets to be securely attached 
to the proscenium wall by through bolts with nuts and wash- 
ers on the opposite side of the wall. 

Said fireproof curtain shall be raised at the commencement 
of each performance, lowered between each act, and lowered 
at the close of said performance, and be operated by approved 
machinery for that purpose. 

If the proscenium curtain be of asbestos, that material shall 
be reinforced with wire or wire spun in the asbestos, and at the 
bottom of the curtain shall be placed a rigid metallic rod or 
bar of proper weight securely fastened to the curtain and 
eovered over with like material as the curtain itself, to carry 
down the curtain by the weight of the said rod or bar when 
released. 

The excess weight of the curtain is to be overcome by a 
check rope of cotton or hemp, extending to the floor on both 
sides of the stage so that the cutting or burning of which will 
release the curtain and the same will then descend at its nor- 
mal rate of speed. 

The proscenium curtain shall be placed at the nearest 
point at least two feet distant from the footlights. 

No doorway or opening through the proscenium wall from 
the auditorium shall be allowed above the level of the first 
floor, and such first floor openings shall have self-closing 
standard fire doors at each side of the wall; and openings, if 
any below the stage, shall each have a self-closing standard 
fire door, and all of the said doors shall be hung so as to be 
opened from either side of the wall at all times. 


§ 200. Skylights. 


There shall be provided over the stage metal skylights of 
an area or combined area at least one-twelfth of the area of 
said stage, fitted with rolling sash and glazed with glass not 
exceeding one-eighth of an inch thick, and each pane thereof 


186 BUILDING DEPARTMENT. 





measuring not less than three hundred square inches. 

The rolling sash shall be fitted with brass wheels not less 
than two and one-half inches in diameter, and the latter shall 
roll on metal tracks extending the entire length of the sash. 
The portion of the tracks extending from the edge of the curb 
of the skylight to the end of the incline may be made of iron. 

These skylights shall be set on curbs so that the lowest 
portion of the tracks upon which they slide shall be not less 
than twelve inches above the roof. 

The whole of which skylight shall be so constructed as 
to open instantly on the cutting or burning of a hempen cord 
which shall be arranged to hold said skylight closed, or some 
other equally simple approved automatic device for opening 
them may be provided. 

Immediately underneath the glass of said skylights there 
shall be wire netting, but wire glass shall not be used in heu 
of this requirement. 


§ 201. Ventilator. 


In lieu of the skylights covered with glass, provided for in 
Section 200, ventilators may be used, constructed as follows: 

There shall be one or more ventilators constructed of metal 
or other incombustible material near the center above the 
highest part of the stage in every theater. Stage ventilator 
shall extend at least fifteen feet over all above the stage roof 
and shall have a combined area of at least one-twelfth of the 
area within the stage walls. 

The opening in every stage ventilator shall be closed by 
one or more dampers so counterbalanced as to open auto- 
matically and to be held closed by a hempen cord, in which 
shall be inserted a fusible link at such a point as to be near 
the bottom of the ventilator. Such cord or _ cords 
operating said dampers shall be run to stage floor and to be 
fastened at a point nearest and shall be designated with a 
sign to read ‘‘Release in Case of Fire.’’ 

It is imperative that said automatic dampers and their 
counterbalancer be tested from time to time and kept in per- 
fect working order so as to insure.an automatic release at all 
times. 


§ 202. Stage. 


All that portion of the stage not comprised in the working 
of scenery, traps and other mechanical apparatus, for the pre- 
sentation of a scene, usually equal to the width of the 
proscenium opening, shall be built of iron or steel beams filled 


BUILDING DEPARTMENT. i87T 





in between with fireproof material, and all girders for the 
support of said beams shall be of wrought iron or rolled steel. 

The fly galleries and the tie galleries entire, including pin- 
rails, shall be constructed of iron or steel, and the floors of 
said galleries shall be composed of iron or steel beams filled 
in with fireproof materials, and no wood boards or sleepers 
shall be used as covering over beams, but the said floors shall 
be entirely fireproof. 

The gridiron or rigging loft shall have a lattice iron floor, 
and be readily accessible by iron stairways. 


§ 208. Fireproofing, 


All stage scenery, curtains and decorations made of com- 
bustible material, and all woodwork on or about the stage, 
shall be painted or saturated with some non-combustible ma- 
terial or otherwise rendered safe against fire. 

And the finishing coats of paint applied to all woodwork 
throughout the entire building shall be of such kind as will 
resist fire. ) 


The roof over the auditorium and the entire main floor 
of the auditorium and vestibule, also the entire superstructure 
over the entrance, lobby and corridors and all galleries and 
supports for the same in the auditorium shall be constructed 
of iron or steel and fireproof materials, not excluding the use 
of wood floor boards and necessary sleepers to fasten the same 
to, but such sleepers shall not mean timbers of support, and 
the space between the sleepers, excepting the portion under 
the stepping in the galleries which shall be properly fire- 
stopped, shall be solidly filled with incombustible material 
up to the under side of the floor boards. 

The fronts of each gallery shall be entirely formed of fire- 
proof materials, except the capping which may be made of 
wood, 

The ceiling under each gallery shall be entirely formed of 
fireproof materials. 

The ceiling of the auditorium shall be formed of fireproof 
materials. 

All lathing, whenever used, shall be of wire or other metal 
on metal studding. - 

The partitions in that portion of the building which con- 
tains the auditorium, the entrance and vestibule, and every 
room and passage devoted to the use of the audience, shall be 
constructed of fireproof materials, including the furring of 
outside or other walls. 


188 BUILDING DEPARTMENT. 





None of the walls or ceilings shall be covered with wood 
sheathing, wood wainscoting or any combustible material. 

But this shall not preclude the construction of a wood 
sounding board over orchestra pit when the same extends back 
of and below the overhang of the stage, provided the said 
wood sheathing be properly fire-stopped by a twelve inch 
brick wall back of same, and also have a proper fireproof 
construction directly under the overhang of the stage extend- 
ing from the brick wall to the apron of the stage. 


§ 204. Dressing Rooms. 


All walls, floors and ceilings enclosing or dividing actors’ 
dressing rooms shall be fireproof. 

All stairways, passages and doors from dressing rooms to 
stage, or from dressing rooms to exits shall be fireproof. 

Dressing rooms may be placed in the rear or at either side 
of the stage, provided that thorough ventilation is secured for 
said rooms and provided further that proper exits lead to 
public way. 

All shelving and cupboards in each and every dressing 
room, property room or other storage rooms, shall be con- 
structed of metal, slate or some fireproof material. 


§ 205. Windows. 


None of the windows in outside walls shall have fixed 
sashes, fixed iron grills or bars; these may be arranged to 
hinge and lock, but must be left unlocked during perform- 
ances. 


§ 206. Seats and Aisles. 


All seats in the auditorium, excepting those contained in 
boxes, shall be not less than thirty-two (32) inches from 
back to back, measured in a horizontal direction, and firmly 
secured to the floor. No seat in the auditorium shall have more 
than six seats intervening between it and an aisle on either side. 

No stool or seat shall be placed in any aisle. 

All platforms in galleries formed to receive the seats shall 
be not more than twenty-four (24) inches in height of riser, 
nor less than thirty (30) inches in width of platform. 

All aisles on the respective floors in the auditorium having 
seats on both sides of same shall be not less than three feet 
wide where they begin, and shall be increased in width toward 
the exits in the ratio of one and one-half inches to five running 


BUILDING ‘DEPARTMENT. 189 


feet. Aisles having seats on one side only, shall be not less 
than two feet six inches wide at the beginning and increased 
in width the same as aisles having seats on both sides. 


§ 207. Foyers. 


The aggregate capacity of the foyers, lobbies, corridors, 
passages and rooms for the use of the audience, not includ- 
ing aisle space between seats, shall on each floor or gallery be 
sufficient to contain the entire number to be accommodated on 
said floor or gallery in the ratio of one hundred and fifty 
(150) superficial feet of floor room for every one hundred 
(100) persons. 


§ 208. Heating. 


Every steam boiler which may be required for heating or 
other purposes, shall be located outside of the building, either 
under the sidewalk cr in an extension, but in no case under 
or within any portion of the building used for theatrical 
purposes, and the space allotted to the same shall be 
inclosed by walls of masonry on all sides, and the ceiling 
of such space shall be constructed of fireproof materials. All 
doorways in said walls connecting with the building shall have 
standard automatic sliding fire doors. 

No floor register for heating, ventilating or other purposes 
shall be permitted. 

No coil or radiator shall be placed in any aisle or passage- 
way used as an exit, and thereby reduce the same to less than 
the width required by this Code, but all said coils and radia- 
tors shall be placed in recesses formed in wall or partition to 
receive same. 

All supply, return or exhaust pipes shall be properly in- 
cased where passing through floors or near woodwork. 


§ 209. Standpipes. 


Standpipes of not less than four (4) inches in diameter shall 
be provided, same to be supplied by a main not less than six 
(6) inches in diameter to be connected to the street main and 
extended to the inside of the proscenium wall under the stage, 
where suitable fittings must be installed to allow a four-inch 
lead to either side of building for standpipe service. 

All standpipes to be free of obstruction; said standpipes to 
be supplied with hose connections as follows: 

One on each side of auditorium in each tier. 


190 BUILDING DEPARTMENT. 


One on each side of the stage in each tier. 

One within ten (10) feet of the door of the carpenter shop 
and scenery storage room. 

Standpipes shall receive their supply of water from the 
city mains, and in addition to this requirement, a ‘‘Siamese’’ 
inlet connection with two two and one-half inch female hos» 
eonnection for steamer supply shall be placed on outside of 
building in a convenient place; said location to be approved 
by the Chief of the Fire Department; said hose connections to 
have the thread used by the Louisville Fire Department. — 

This system shall also be connected to the automatic 
sprinkler system. 

Pipes shall be fitted with approved straightway composi- 
tion gate valves at hose outlets, and the thread of all connec- 
tions shall be uniform with that in use by the local Fire 
Department. 

One spanner to be located at each hose connection. 

Pipes shall be kept constantly filled with water under pres- 
sure and be ready for immediate use at all times. 

A sufficient quantity of approved linen, cotton rubber lnes 
or rubber hose not less than two and one-half (2144) inches in 
diameter, in fifty foot lengths, but not less than fifty (50) 
feet in total length, shall be kept attached to each hose con- 
nection. 

Hose shall be fitted with washers and equipped with coupl- 
ings and nozzles, the thread of which shall be uniform with 
that in use by the local Fire Department. 


§ 210. Automatic Sprinklers. 


A system of automatic sprinklers shall be installed through- 
out the entire stage section of the theater, located in the rear 
of the proscenium wall, this to include under roof, under grid- 
iron, under galleries, under the stage, in all dressing rooms, 
in all workshops, property and all other rooms and passage- 
ways. 

There shall be an independent water supply to the sprinklers 
which may consist of a gravity tank of not less than ten thou- 
sand (10,000) gallons capacity, and elevated not less than 
twenty-five (25) feet above the highest sprinkler, the tank to 
be supplied from the city main, which has a normal pressure 
of about seventy pounds to the square inch. 

There shall be kept in readiness for immediate use one 
forty-gallon cask filled with water and six fire pails on each 
side of the stage, under the stage, on each fly gallery, and a 
supply of fire pails in property and other storerooms and in 


BUILDING DEPARTMENT. 191 


each workshop; said casks and buckets shall be painted red 
and lettered ‘‘For Fire Purposes Only.’’ 

There shall also be provided six three-gallon approved 
chemical fire extinguishers, at least four axes, two twenty feet 
hooks, two fifteen feet hooks and two ten feet hooks on the 
stage, and such other applhances as may be required for fire 
protection. 


§ 211. Lights. 


Every portion of the building devoted to the uses or ac- 
commodation of the public, also all outlets leading to the 
streets and including the open courts and corridors, shall be 
well and properly lighted during every performance, and 
same shall remain lighted until the entire audience has left 
the premises. 

There shall be one light within a red globe or lantern placed 
over each exit opening on the auditorium side of the wall. 

A diagram or plan of each tier, gallery or floor, showing 
distinctly the exists therefrom, each occupying a space not 
less than fifteen square inches, shall be printed in black lines 
in a legible manner on the programme of the performance. 

Every exit shall have over the same on the inside the word 
EXIT in legible letters not less than eight inches high. 


§ 212. Theaters Without Fly Gallery or Rigging Loft. 


Theaters, halls, club or assembly rooms having a stage less 
than twenty feet in depth with no basement under same and 
having no fiy gallery or rigging loft, but simply a stage to be 
used for concerts, vaudeville performances and like forms of 
amusement will not be required to have solid masonry proscen- 
ium walls as required for theaters of the first class described 
in this Code, but al! partitions shall be of metal lath and 
plaster or other fireproof construction. 

All curtains and scenery used in such buildings shall be 
fireproofed. 

Standpipes and other fire appliances, such as are required 
for theaters with proscenium wall, fly gallery and rigging loft, 
will not be required, but each such building shall be equipped 
with at least three chemical fire extinguishers of three gallons 
capacity each and such other fire-fighting apparatus as may be 
necessary to safeguard the building. 

The arrangement of exits, aisles and seats shall be the 
same as prescribed for theaters of the first class of like seat- 
ing capacity, except that theaters having no balcony or gallery 


192 BUILDING DEPARTMENT. | 





and seating less than seven hundred persons, may have only 
two side exits in addition to the main entrance, these side 
exits to be not less than five (5) feet in width. 


§ 213. Halls Above Sidewalk Level. 


No public hall or assembly hall seating more than five 
hundred people shall be located more than thirty feet above 
the sidewalk, unless such room is in a fireproof building made 
fireproof throughout, and connected with the street by fire- 
proof stairways of such width as is elsewhere provided in 
this Code. Such hall may have a stage, but no movable scenery. 

Baseball stands and all other forms of outdoor places of 
amusements shall conform to all the requirements of this Code 
for public halls, as to aisles, stairways, arrangement of seats, 
and all the construction of such stands shall be subject to 
the requirements of this Code. 


§ 214. Moving Picture Theaters or Rooms. 


Every theater or room used for the purpose of operating 
& moving picture machine shall be on the ground floor of the 
building in which it js located, and shall tront on a publie way. 

In no ease shall there be a means of connection from said 
room to any other room or building, nor shall any other 
business be operated or conducted in such room. 

All exterior walls shall be of some incombustible material. 

The entire floor cf the auditorium, foyer and the exits to 
the streets shall be constructed of fireproof material through- 
out, or if joist construction is used in the floor, the space be- - 
tween such joists be filled with fireproof material. 

Every room used for the purpose of exhibiting moving pic- 
tures shall have two (2) exits in the front and at least one 
exit on the side or rear. Each exit doorway shall not be less 
than five (5) feet in width. 

If the machine booth is in the front of the building, then 
there shall be two exists in the rear, or on the sides near the 
eurtain. 

All doors must open outwardly and shall not be locked or 
bolted while the room is open to the public. 

Side or rear exits shall open direct into a street, alley or 
courtyard, free from obstruction, with direct access therefrom 
to a public way. 

No aisle shall be less than three (3) feet in width. 


BUILDING DEPARTMENT. 19 





All seats shall be not less than thirty-two (32) inches: 
from back to back, and not less than twenty (20) inches im 
width from center to center of the arms. 

Seats shall be firmly secured to the floor. No camp chairs 
or stools shall be used in such rooms. 

In every room where picture machines are operated, there 
shall be placed three (3) chemical fire extinguishers of type ap- 
proved by the Board of Fire Underwriters. One extinguisher 
shall be placed in the operating booth, one near the curtain and. 
one near the front or main entrance. 

All moving picture machines must be in a fireproof booth 
or compartment, and all machines, booths and all wiring shall 
be constructed in conformity. with the rules and require- 
ments of the ordinance governing electrical wiring in the 
eity of Louisville. 

All moving picture theaters with seating capacity of five 
hundred (500) or more, shall conform to all requirements of 
this Code. for theaters without fly gallery or rigging loft, anc. 
shall be fireproof throughout. 


PART XXVIII. 
APARTMENT HOUSES AND TENEMENT HOUSES 
§ 215. Apartment Houses and Tenement Houses. 


Every building hereafter erected for use as an apartment 
or a tenement house over three stories and basement in height, 
and every non-fireproof building hereafter altered for use as: 
an apartment house or a tenement house over three stories and 
basement in height shall be of fireproof construction. 


§ 216. Cellar Stairs. 


The stairs from the cellar or lowest story to the floor next 
above when placed within any apartment house or tenement: 
house shall be located when practicable to the rear of the 
staircase leading from the first story to the upper stories, and. 
in all cases be inclosed with fireproof walls, and such stairway 
shall be provided with self-closing fireproof doors at the top 
and bottom of said flight of stairs. 

When such stairway is placed underneath the first story 
staircase it shall be constructed fireproof and be roofed over 
with fireproof material, and be also inclosed with fireproof 


194 BUILDING DEPARTMENT. 


walls, with self-closing fireproof doors at the top and _ bot- 
tom of said flight of stairs. 

When the stairs from the first story to the cellar or lowest 
story are located in an open court, the door leading thereto 
from the first story may be placed underneath the staircase 
in the first story, and the strings and railings of such outside 
stairs shall be of iron, and if the stairs be inclosed from the 
weather, incombustible material only shall be used for that 
‘purpose. 


§ 217. Hallway Inclosures and Staircases. 


In all non-fireproof apartment houses or tenement houses 
‘thereafter erected three stories and basement in height, but 
not exceeding fifty-five feet in height, and occupied or arranged 
to be occupied by more than two families on any floor, the 
staircase halls shall be inclosed with fireproof walls, and the 
said hall inclosures shall have a connecting hallway in the 
first story and extend to the street, inclosed with suitable walls 
of brick, or such other fireproof materials, including ceiling, 
as may be approved by the Inspector of Buildings. 

In fireproof apartment houses and tenement houses here- 
after erected, the stair halls and hallway leading to the 
street shall be inclosed in brick walls, and in other respects be 
«<onstructed as required by this Code for fireproof construc- 
tion. 

Eight-inech brick walls not exceeding fifty feet in their 
vertical measurement may inclose said halls and stairs and be 
-used as bearing walls where the distance between the outside 
bearing walls does not exceed thirty-three feet, and the area 
between the said brick inclosure walls does not exceed one 
hundred and eighty superficial feet. 

At least one flight of stairs or ladder stairs in each of said 
‘buildings shall extend to the roof and there have exit. 

Whenever the walls inclosing the entrance hall of any apart- 
ment or tenement house hereafter erected, support beams or 
girders carrying a brick wall above, the said walls shall be 
mot less than twelve inches thick laid in cement mortar. 


§ 218. Closet Prohibited Under First Story Staircase. 


No closet shall be constructed underneath the staircase 
of any story, but the space thereunder shall be left entirely 
open and kept free from incumbrance; but this shall-not pro- 
hibit the inclosing without openings the under portion of the 
‘first story staircase from the foot of the same to a point where 


BUILDING DEPARTMENT. 195 


the height from the floor line to the soffit of the staircase 
shall not Beqcued five feet. + ae. 


§ 219. Percentage of Lot Occupied. 


No apartment house or tenement house hereafter erected. 
shall occupy more than ninety per centum of a corner lot, 

Or more than seventy per centum of any other lot, 

Provided, that the space occupied by outside fire escapes. 
projecting not more than four feet shall not be deemed a. 
part of the lot occupied. 

For the purpose of this section, the measurements shall be 
taken at the ground level, 

Except that where any such building has a store on the 
first story, and that story is or is intended to be occupied for 
business purposes only, the measurements as to percentage of 
lot occupied may be taken at the level of the second story 
beams. 


§ 220. Yards. 


Behind every apartment house and tenement house four. 
stories in height hereafter erected on an inside lot, there shall 
be a yard not less than ten feet in depth, extending across: 
the entire width of the lot, and at every point open from the: 
ground to the sky unobstructed, except that ‘Ire escapes or 
uninclosed outside stairs may project not over four feet fron 
the rear line of the house. ) 

Said yard shall be increased in depth six inches for every 
additional story in height of the building. 

And may be decreased in depth one foot for every story ir 
height of the building less four stories. 

The depth of the yard behind every apartment house and. 
tenement house hereafter erected upon a corner lot, shall be 
not less than five feet in every part for the full width of the 
lot, and such depth need not to be increased when the building” 
exceeds four stories in height, nor shall it be decreased in depth 
when the building is less than four stories in height, except 
that, 

Where an apartment house or a tenement house is here- 
after erected on a corner lot, and when any such building 
has a store on the first story, the said yard or open space: 
unencumbered except by fire escapes projecting not more thar 
four feet, may start at the level of the second story floor beams- 

Where a corner lot is more than fifty feet in width, the 
yard for that portion in excess of fifty feet, shall conform to 
the provisions of this section for inside lots. 


196 BUILDING DEPARTMENT. 


. Where an apartment house or a tenement .house hereafter 
erected is situated on a lot formed by the intersection of 
two streets at an acute angle, the yard of the said house need 
not extend across the entire width of the lot, provided, that 
it extends to a point in line with the middle line of the block. 


§ 221. Courts. 


A court, that is, an open, unoccupied space other than a 
cyyvard of an apartment house or a tenement house hereafter 
erected shall be at every point open from the ground to the 
sky, unobstructed other than by fire escapes. 

Outer Courts.—Where one side of an outer court, that is, a 
court extending to the street or yard, is situated on the lot 
line, the width of the said court measured from the lot line 
to the opposite wall of the building, for apartment houses and 
tenement houses four stories and basement in height, shall be 
not less than four feet in any part; 

And for every story of inerease above four stories and base- 
‘ment in height of the said building, such width shall be in- 
«reased six inches throughout the entire height of said court ; 

And for every story of decrease in the height of the said 
‘building below four stories and basement, such width may 
‘be decreased one foot. | 

Where an outer court is situated between wings, or parts 
of the same building or between different buildings on the 
ssame lot, the width of the said court measured from wall to 
wall, for apartment houses and tenement houses four stories 
and basement in height, shall be not less than eight feet in any 
part ; 

And for every story of increase above four stories and 
basement in height of the said building, such width shall be 
‘Inereased six inches throughout the entire height of said 
court ; 

And for every story of decrease in the height of the said 
‘Duilding below four stories and basement, such width of the said 
court may be decreased one foot. 

Inner Courts——Where one side of an inner court, that is, a 
court not extending to the public way or yard, is. situated 
on the lot line, the width of the said court measured from the 
‘lot line to the opposite wall of: the building, for apartment 
houses and tenement houses four stories and basement in 
height, shall be not less than six feet in any part, nor less 
than seventy-two square feet in area. 


BUILDING DEPARTMENT. Lake 


And for every story of increase in the height of the said 
building above four stories and basement, such width shall 
be increased six inches throughout the entire height of said 
court and ten feet added to the area; 

And the other horizontal dimensions shall be increased one 
foot throughout the entire height of said court; 

And for every story of decrease in the height of the said 
building below four stories and basement, such width may 
be decreased six inches throughout the entire height of the 
said court and ten feet may be deducted from area. 

Where an inner court is not situated upon the lot line, but 
is inclosed on all sides, the least horizontal dimension of the 
said court for apartment houses and tenement houses four 
stories and basement in height, shall be not less than twelve 
feet; . 

And for every story of increase above four stories and base- 
ment in the height of the said building, the said court shall 
be increased one foot in each horizontal dimension throughout 
the entire height of said court; 

And for every story of decrease in the height of the said 
building below four stories and basement, the horizontal di- 
mensions of the said court may be decreased six inches in 
each direction. 

No window, except windows of water-closet compartments, 
bathrooms or halls, shall open upon any offset or recess less 
than six feet.in width. 


§ 222. Outer and Inner Courts. 


Nothing contained in this section concerning outer and 
inner courts shall be construed as preventing windows at the 
angles of said courts. 

When an apartment house or a tenement house hereafter 
erected has a store on the first story, and that story is, or is 
intended to be occupied for business purposes only, the outer 
and the inner courts may start at the level of the second story 
floor beams. 


§ 223. Rear Tenement Houses or Apartment Houses. 


No separate tenement or apartment house shall be erected 
upon the rear of any lot where there is not left a sidewalk of 
at least six feet in width between the face of the building and 
the alley curb line. 


198 BUILDING DEPARTMENT. 





§ 224. Buildings on Same Lot with Tenement Houses or 
Apartment Houses. 


: y 

If any building is hereafter placed on the same lot with a 
tenement house or an apartment house, the space between the 
said buildings shall always be of such size and arranged in 
such manner as is prescribed for yards in rear of apartment 
houses and tenement houses. 

And no building of any kind shall be hereafter placed upon 
the same lot with a tenement house or an apartment house so as 
to decrease the minimum size of courts or yards as herein- 
before prescribed. 

And if any tenement house or apartment house is here- 
after erected upon any lot upon which there is already an- 
other building, it shall comply with all the provisions of thig 
section, and in addition the space between the said building 
and the said tenement house or apartment house shall be of 
such size and arranged in such manner as is prescribed in this 
section for inner courts. 


§ 225. Rooms, Lighting and Ventilation of. 


In every apartment house or tenement house hereafter 
erected, every room, except water-closet compartments and 
bath rooms, shall have at least one window opening directly 
upon a public way or upon a yard or court. 2 


§ 226. Windows in Rooms. 


In every apartment house or tenement house hereafter 
erected the total window area in each room, except water- 
closet compartments and bathrooms, shall be at least one-tenth 
of the floor area of the room. 

And the top of at least one window shall be not less than 
seven feet six inches above the floor, and the upper half of 
it shall be made so as to open the full width. 

No such window shall be less than twelve square feet in 
area between the stop beads. 


§ 227. Windows in Water-Closet Compartments and Bath- 
rooms. 


In every apartment house or tenement house hereafter 
erected the total window area in a water-closet compartment 
or bathroom shall be not less than three square feet in area 
for each. 


BUILDING DEPARTMENT. 199 


And no such windows shall be less than one foot in width 
measured between stop beads. 


§ 228. Rooms, Size of. 


In every apartment house and tenement house hereafter 
erected, all rooms, except water-closet compartments and 
bathrooms shall be of the following minimum sizes: 

In each apartment there shall be at least one room con- 
taining not less than one hundred and twenty square feet of 
floor area; 

No living or sleeping room shall contain less than seventy 
square feet of floor area; 

Each room jshall be in every part not less than nine feet 
high from the finished floor to the finished ceiling; 

Provided that an attic room need be nine feet high in but 
one-half its area. 


§ 229. Public Hallways. 


In every apartment house or tenement house hereafter 
erected exceeding three stories and basement in height, every 
public hallway, that is, a corridor not within an apartment, 
shall have at least one window opening directly upon the 
public way or upon a yard or court. 

One at least of the windows provided to light each public 
hallway or part thereof shall be at least two feet six inches 
wide and five feet high, measured between stop beads. 

Any part of a hallway which is shut off from any other part 
of said hallway by a door or doors, shall be deemed a sepa- 
rate hall or separate hallway within the meaning of this section. 

In every apartment house and tenement house hereafter 
erected exceeding three stories and basement in height, the 
where the public hallway is not provided with a window open- 
ing directly to the outer air, sash doors admitting light to the 
public hallways from the apartments shall be provided. 

\ 
§ 230. Stair Hallway Windows. 


In every apartment house or tenement house hereafter 
erected exceeding three stories and basement in height, the 
aggregate area of windows to light or ventilate stair halls, 
that is, the public hallways which include the stairs, stair land- 
ings and those portions of the hallways through which it is 
necessary to pass in going between the entrance floor and the 
roof, shall be at least eighteen square feet for each floor. 


200 BUILDING DEPARTMENT. 


There shall be provided for each story at least one of said 
windows which shall be at least two and a half feet wide and 
five feet high, measured between the stop beads. 

A sash door shall be deemed the equivalent of a window in 
public hallways and stair halls, provided that such door con- 
tains the amount of glazed surface prescribed for such win- 
dows. 

§ 231. Privacy. 


In every apartment of three or more rooms in an apartment 
house or a tenement house hereafter erected, access to every 
living room and bedroom and to at least one water-closet com- 
partment shall be had without passing through any bedroom. 


§ 232. Existing Buildings. 


No now existing apartment house or tenement house shall 
hereafter be enlarged, or its lot be diminished so that the house 
shall occupy more than the percentage of lot allowed by this 
Code for similar new houses. 

No now existing apartment house or tenement house shall 
hereafter be enlarged or its lot be diminished so that the yard 
shall be less than specified in this Code for similar new houses. 

And such yard shall be at every point open from the ground 
to the sky, except that fire escapes or uninclosed outside stairs 
may project not over four feet from the rear line of the house. 

Any additional room or hall that is hereafter constructed or 
created in a now existing apartment house or tenement house 
shall comply in all respects with the provisions of this Code 
tor new houses. 


- § 233. Lights in Public Hallways. 


In every apartment house and tenement house a proper light 
shall be kept burning by the owner in the public hallways near 
the stairs upon the entrance floor and upon the second floor 
of said house every night from sunset to sunrise throughout 
the year. 

And upon all other floors of the said house from sunset 
until ten o’clock in the evening. 


§ 234. Chimneys and Fireplaces. 


In every apartment house and tenement house there shall 
be adequate chimneys running through every floor with an open 
fireplace or grate, or place for a stove, properly connected with 
one of said chimneys for every apartment. 


BUILDING DEPARTMENT. 201 





§ 235. Area for Vent Shafts. 


Every vent shaft hereafter constructed in an apartment 
house or a tenement house four stories and basement in height 
shall be at least twelve square feet in area, and the least di- 
mension of such shaft shall be not less than three feet; 

And if the building be above four stories and basement in 
height, such shaft shall throughout its entire height be in- 
creased in area two square feet for each additional story in 
height ; 

And for each story in height less than four stories and 
basement, such shaft may be decreased in area one square 
foot. 

A vent shaft may be inclosed on all four sides, but must 
have ventilation equal to area of shaft. 


§ 236. Bottoms of Shafts, Courts, Area and Yards. 


In every apartment house and tenement house hereafter 
erected, the bottom of all shafts, courts, areas and yards 
which extend to the basement for light or ventilation of liv- 
ing rooms, shall be six inches below the floor level of the part 
occupied or intended to be occupied. 

All such shafts, courts, areas and yards shall be properly 
concreted, graded and drained, and shall be properly connected 
with the street sewer so that all water may pass freely into it. 


§ 237. Basements and Cellars. 


In apartment houses and tenement houses hereafter erected, 
no room in the cellar or in the basement shall be constructed, 
altered, converted or occupied for living purposes unless all of 
the following conditions are complied with: 

1. Such room shall be at least eight feet high in every part 
from the floor to the ceiling. 

Provided, that in buildings already erected and not now 
used as tenement houses, but hereafter altered or converted 
to such use, such room shall be not less than seven feet 
high in every part. 

2. Ceiling of such room shall be at least two feet and six 
inches above the surface of the street or ground outside of or 
adjoining the same. 

3. There shall be appurtenant to such room the use of a 
separate water-closet, constructed and arranged as required by 
this section for water-closet compartments. 


202 BUILDING DEPARTMENT. 


4. Such room shall have a window or windows opening upon 
the street or upon a yard or court. The total area of windows 
in such room shall be at least one-eighth of the superficial 
area of the room, and one-half of the sash shall be made to 
‘apen the full width, and the top of each window shall be 
within six inches of the ceiling. 

5. All walls surrounding such room shall be damp-proof. 

6. The floor of such room shall be damp-proof and water- 
proof. 

Every apartment house and tenement house hereafter 
erected shall have all walls below the ground level and all 
cellar or lower floors damp-proof and water-proof. 

When necessary to make such walls and floors damp-proof 
and water-proof, the damp-proofing and the water-proofing 
shall run through the walls and up the same as high as the 
ground level, and shall be continued throughout the floor. 

And the said cellar or lowest floor shall be properly con- 
structed so as to prevent dampness or water from entering. 


§ 238. Water-Closet Accommodations. 


In every apartment house hereafter erected there shall be 
a separate water-closet in a separate comportment or bathroom 
within each apartment. 

Provided that where there are apartments consisting of 
but one or two rooms, there shall be at least one water-closet 
for every three rooms. 

Every tenement house hereafter erected shall be provided 
with no less than one water-closet for every fifteen occupants. 

Nothing in this section in regard to the separation of water- 
closet compartments from each other, shall apply to a general 
toilet room hereafter placed-in any apartment house or tene- 
ment house, provided such water-closets are supplemental to 
the water-closet accommodations required by this section for 
the use of the occupants of any said house. 

All water-closet compartments in every apartment house or 
tenement house hereafter erected shall have a window opening 
upon the public way or yard or upon a court or vent shaft. 

Every water-closet compartment shall be provided with 
proper means of lighting the same at night. If fixtures for gas 
or electricity are not provided in said compartment, then the 
door of said compartment shall be provided with obscured glass 
panels, or with an obscured glass transom not less in area than 
four square feet. 

The floor of every water-closet compartment shall be made 
water proof with asphalt, tile, stone. Portland cement con- 


BUILDING DEPARTMENT. 203 





erete, metal or some other water-proof material; and such 
water-proofing shall extend at least six inches above the floor, 
so that the said floor can be washed or flushed out without 
leaking. 

No drip trays shall be permitted. 

No water-closet fixtures shall be inclosed with any wood- 
work. 


§ 239. Fire Escapes. 


In all apartment houses or tenement houses any apartment 
not containing any room fronting upon the street or yard 
shall have a fire escape in a court, projecting not more than 
four feet from the wall of the house, constructed in accordance 
with requirements of Part 23 of this Code. 

In any such building each and every apartment therein 
above the first story shall open directly to an outside fire 
escape from at least one room other than a bathroom or water- 
closet compartment, and shall not include a window of a stair 


hall. 


PART XXIX. 
MISCELLANEOUS BUILDINGS. 


) 


§ 240. Coal and Sand Elevators and Pockets. 


Nothing in this Code shall be construed to prevent the 
erection of coal, sand and gravel, elevators and pockets of 
eombustible materials, when located on the river bank or 
wharf. 


§ 241. Smoke Houses. 


All smoke houses shall be of fireproof construction with 
brick walls, iron doors and brick or metal roof. 

An iron guard shall be placed over and not less than three 
(3) feet above the fire, and the hanging rails shall be of iron, 
and an iron grating shall be placed under the first row of 
hanging rails, and be not less than eight (8) feet above the 
floor of the fire pit. 

The walls of all smoke houses shall be built at least three 
(3) feet higher than the roof of the building in which they 
are located, and shall be not less than twelve (12) inches in 
thickness, and be coped with stone or its equivalent. 


204 BUILDING DEPARTMENT. 


PART XXX, 


VIOLATIONS AND PENALTIES. 
§ 242. Penalties. 


Any person or persons, firm or corporation violating any 
of the terms or provisions of this ordinance for which viola- 
tion no penalty is otherwise fixed in this ordinance, and any 
such person, firm or corporation failing to conform to any of 
the provisions of this ordinance, or failing to obey any order 
of-the Inspector of Buildings issued in pursuance of this or- 
dinance, shall be deemed guilty of a misdemeanor and upon 
conviction thereof shall be fined not less than ten nor more 
than one hundred dollars; and where such violation is of a 
continuing nature each day such person, firm or corporation 
violates any such provision, or fails to conform to any such 
provision of this ordinance, or any such order of the Build- 
ing Inspector, shall be deemed a separate offense. 


§ 243. Repeals. 


The following ordinances are hereby repealed: 


An ordinance approved July 7, 1904, and entitled, ‘‘An 
Ordinance concerning the Interior, Exterior Arrange- 
ment, Equipment, Alteration and Conduct of Publie Buildings 
in the city of Louisville, such as theaters, opera houses, audi- 
toriums, concert, assembly, exhibition, dance halls and other 
public halls, lodge rcoms, churches, hotels, apartments and 
tenement houses in which two or more families dwell, in- 
firmaries, hospitals, asylums, restaurants, railroad depots, 
places of detention, department stores and other business and 
manufacturing buildings where large numbers of people are 
congregated or assembled for any purpose whatever.’’ 

An ordinance approved March 24, 1909, entitled ‘‘An Or- 
dinance establishing and providing for a Department of 
Buildings for the city of Louisville, and to regulate the con- 
struction, alteration, repairing and removal of buildings, and 
the occupancy and obstruction of streets and alleys in the per- 
formance of same.’’ 

An ordinance approved June 29, 1908, entitled ‘‘An Or- 
dinance establishing and providing for a Department of Build- 
ings for the city of Louisville, and to regulate the construction, 
alteration, repairing and removal of buildings and the oc- 


BURIAL OF THE DEAD. 90D 








eupancy and obstruction of streets and alleys in the perform- 
ance of same.’’ 

An ordinance approved January 14, 1907, enitiad: ‘* An Or- 
dinance establishing and providing for a Department of Build- 
ings for the city of Louisville, and to regulate the construc- 
tion, alteration, repairing and removal of buildings, and the 
oecupaney and obstruction of streets and alleys in the per- 
formance of same,’’ and all other ordinances or parts of ordi- 
nances in conflict herewith are hereby repealed. 

An ordinance approved April 24, 1906, entitled “An or- 
dinance for the protection of sidewalks in the city of Louis- 
ville. 


§ 244. Date When in Effect. 


This ordinance shall take effect from and after its passage. 
Approved August 4, 1909. 


BURIAL OF THE DEAD. 
AN ORDINANCE regulating the burial of the dead. 
Be it ordained by the General Council of the city of Lowsville: 


§ 1. It shall be unlawful for any person to allow the dead 
or embalmed body of any human being to remain unburied for 
a longer period than three days without special permission from 
the Health Officer; nor shall any person allow the dead body of 
any human being to be exposed or retained for any time what- 
ever to the peril or prejudice of the lives or health of any person. 

§ 2. No death certificate shall be valid unless signed by the 
Coroner, or a regular licensed physician. 

§ 3. It shall be the duty of any person to report to the De- 
partment of Health the discovery or knowledge of the where- 
abouts of any dead human being, or any parts thereof, if there is 
any reason to believe that the death, or place of such body is 
not properly known. 

§ 4. No person shall remove or dispose of any dead body of 
a human being by interment, cremation, or any other means, 
without a permit from the Health Officer ; nor in any manner 
other than in accordance with the rules of the Department of 
Health. 

§ 5. Whenever any person shall die in the city of Louisville, 
it shall be the duty of the physician who attended during his or 


206 BURIAL OF THE DEAD. 





her last illness, and the duty of the Coroner, when the case comes 
within the discharge of his duties as prescribed. by law, to fur- 
nish the Health Officer within twenty-four hours from the death 
of the patient a certificate setting forth, as far as can be ascer- 

tained, the full name, occupation, sex, color, age, whether mar- 
ried or single, duration of last illness, ‘and the date of the death 
of such deceased person. 

§ 6. It shall be the duty of any undertaker, or any person 
having charge, before removing any corpse from the place where 
death “occurred, to apply for, and obtain, a permit from the 
Health Department, which permit shall not be given before the 
filing with the Department of Health of a certificate, signed by 
the attending physician, or the Coroner, stating the facts as 
called for in the blanks of the department, ‘and said permit must 
be applied for by the undertaker, or other person having charge 
of the remains within twelve hours after the notification of 
death. 

§ 7. In case an inquest is necessary, it shall be the duty of 
the Coroner to notify the Department of Health before permit is 
issued. 

§ 8. No undertaker or other person, shall use any vehicle 
other than a hearse, for the convevance of the body of any per- 
son whose death was caused by any of the infectious or con- 
tagious diseases specified in Section 11 of this ordinance, nor 
shall the body of such person be carried into any church, hall, 
or public place. The body of any person who died from any 
of said specified infectious or contagious diseases shall not be 
brought into the city without special permit. 

§ 9. No person in charge of any vessel, car, or conveyance 
of any kind, public or private, shall convey or allow to be con- 
veved in or through the city of Louisville the body of any dead 
human being, w ithout a permit from the Department of Health. 

S$ 10. In case of death from any pestilential disease, cerebral 
iheningitis small-pox, variloid, scarlet fever, relapsing fever, 
typhus fever, cholera, diphtheria, diphtheritic croup, yellow 
fever, or measles, it shall be the duty of the person in charge of 
such deceased person to obtain a permit from the Health Officer, 
and to cause him or her to be buried within twenty-four hours; 
and the person in charge of the funeral of persons dying of any 
of said diseases must so conduct such funeral as to be absolutely 
private. The remains of any person who died from a contagious 
disease, such as diphtheria, diphtheritic croup, relapsing fever, 
scarlet fev er, yellow fever, typhus fever, cholera, cerebro spinal 
meningitis, or measles, shall not be admitted to any tomb or 

vault, public or private; provided, that a body which may have 
died of any of the above named diseases may be permanently 


BURIAL OF THE DEAD. 207 





entombed in a private vault, when said body is thoroughly em- 
balmed and hermetically sealed in said tomb. 

§$ 11. No person shall invite any other person to any fu- 
neral, or any services connected therewith, whose attendance is 
not necessary, to whom or through whom there is danger of con- 
tagion being ‘communicated or spread. Whenever any person 
shall die from any of the contagious or infectious diseases, such 
as Asiatic cholera, relapsing fever, yellow fever, typhus fever, 
cerebro spinal meningitis, small-pox, variloid, scarlet fever, 
diphtheria, diphtheritiec croup, or measles, the undertaker hay- 
ing charge of the preparation and interment of the remains 
shall be the only person authorized to insert public notice of 
death, and he shall state the cause of death in such notice, for 
which he shall be held responsible. 

§ 12. No disinterment shall be made except between sunrise 
and sunset; and during the months of May, June, July, August 
and September no body shall be disinterred within five (5) 
years after disease; and in cases where the person died of con- 
tagious disease the remains can be disinterred only during the 
months of November, December, January, February and March. 
This section applies to all removals, whether from a cemetery 
or from one grave to another in the same cemetery. 

- § 18. Every grave must be at least six feet deep, and four 
feet below the grade or level of any adjacent street. 

§ 14. No person in charge of any receptacle for the dead 
shall receive for burial or disposition any body without an ac- 
companying certificate and permit from the Health Officer. 

§ 15. Every sexton or person having charge of any tomb, 
vault, cemetery, crematory, or other receptacle for the dead, 
must register his name, address, and nature of his duties with 
the Health Department, and shall, on Monday of each week, 
make a report of all bodies buried in accordance with the re- 
quirements of the Health Department. He shall not permit 
any dead body to be kept in any receiving vault over seventy- 
two hours, between May Ist and November Ist, unless said body 
has been thoroughly embalmed and placed in a strong, hermeti- 
cally sealed case. 


§ 16. No body shall be removed from the city by public 
conveyance, unless prepared in accordance with the specifica-. 
tions adopted by the Health Department. 

§ 17. It shall be the duty of any person having charge of 
articles used at funerals of persons, who died of any infectious 
or contagious disease, to have the same properly disinfected be- 
fore being used again. 

§ 18. No person shall bury any body of a human being in 
any place other than a registered burial ground, without a spe- 
cifie permit from the Health Officer. 


908 CARBOLIC ACID. 





§ 19. All overground vaults must be made of stone, granite, 
or marble, well cemented, and substantially built. 

§ 20. It shall be the duty of the undertaker in charge if a 
person dies of an infectious or contagious disease, if such body 
is to be sent out of the city limits, to make affidavit, if required, 
when the body is presented for shipment, that it is prepared ac- 
cording to the rules of the Department of Health. 

§ 21. All dead bodies brought into the city from a distance 
must be buried by permit from the Health Officer, which the 
undertaker must obtain before removal for burial. 

§ 22. The undertaker in charge of bodies of persons dying 
from small-pox, diphtheria, yellow fever, scarlet fever, typhus 
fever, or other pestilential diseases, shall at once cause the body 
to be disinfected, wrapped in a sheet wet with a solution of bi- 
chloride of mercury, 1 to 500, and placed immediately in a 
coffin, the under surface of which must be lined with raw cot- 
ton, and made absolutely tight, and not reopened. No body of 
a person who died of any infectious or contagious disease, shall 
be placed in ice boxes. 

§ 28. Any person violating any of the provisions of this 
ordinance shall be fined not less than twenty-five dollars nor 
more than fifty dollars for each offense. 

§ 24. This ordinance shall take effect from and after its 
passage. 

Approved May 14, 1898. 


CARBOLIC ACID. 


AN ORDINANCE to regulate the sale and disposition of car- 
bolic acid within the city of Louisville. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That it shall be unlawful for any person, firm or cor- 
poration to sell, trade or give away carbolic acid, pure or in 
combination, of a greater strength than ten percentum within - 
the city limits of the city of Louisville, except upon the prescrip- 
tion of a licensed physician, dentist, or veterinarian ; provided, 
that the provisions of this section shall not apply to crude ear- 
bolic acid, nor to carbolic acid when mixed with equal portions 
each of glycerine and alcohol, nor to sales at wholesale by job- 
bers, manufacturers or dealers to retail druggists, licensed prac- 
{icing physicians, or to each other, nor to sales at retail by retail 
druggists to regular practitioners of medicine, dentistry or 
veterinary medicine, nor to sales made to manufacturers of 


CAVE HILL CEMETERY. 209 





proprietary or pharmaceutical preparations for use in the manu- 
facture of such preparations, nor to sales made to hospitals, col- 
leges, scientific or public institutions. 

§ 2. A violation of any of the provisions of this ordinance 
shall be punished by a fine of not less than $5.00 nor more than 
$50.00, and each separate sale or disposition in violation hereof 
shall constitute a separate and distinct offense. 

§ 3. This ordinance shall take effect from and after its 
adoption, approval and publication. 

Approved February 15, 1907. 


ee 


CAVE HILL CEMETERY. 


AN ORDINANCE for the protection of Cave Hill Cemetery. 
Be it ordained by the General Council of the city of Louisville: 


§ 1. Any person who shall mutilate, deface or otherwise 
injure any tomb stone, monument, vault, vase, inclosure, furni- 
ture, ornament, building. or structure of any "description, tree, 
shrub, flower ( wild or cultivated), or who, without permission 
obtained from Cave Hill Cemetery Company, shall erect, build, 
plant, cut, or remove any tomb stone, monument, vault, vase, 
inclosure, furniture, ornament, tree, plant, shrub, ‘building, or 
other structure, or interfere with any grave in said cemetery 
shall be fined not less than twenty-five dollars nor more than 
one hundred dollars for each offense. 

§ 2. No person, except those to whom certificates, granting 
right of burial, have been issued and their accompanying 
friends, shall enter Cave Hill Cemetery at any time without 
permission, and all persons are prohibited from entering or 
leaving said cemetery grounds except through the gate provided 
by the | Cave Hill Cemetery Company for that purpose. 

3. No person shall climb any tree (without permission of 
Cave Hill Cemetery Company), lie down or sit down upon any 
grave or walk, nor participate in any loud or angry discussion, 
nor use any profane language, within said cemetery. 

Any person who shall disturb the quiet or good order of said 
cemetery by noise or improper conduct may be compelled in- 
stantly to leave the premises. 

§ 4. It shall be unlawful to drive or ride faster than a walk 
or to leave any horse unfastened or unhitched in said cemetery 
No refreshments nor liquors of any kind are allowed in said 
cemetery. All hunting, fishing, or disturbance of fish or birds, 
and the discharge of any fire-arms, fire-works, or missiles (with- 


210 CEMETERIES. 








out special permission of Cave Hill Cemetery Company), by the 
use of gun-powder or other explosives within, into, or over any 
portion of said cemetery, is hereby prohibited. 

§ 5. Any person who shall violate any provision in See- 
tions 2, 3 or 4 of this ordinance shall be fined not less than five 
dollars nor more than fifty dollars; and all fines imposed by this 
ordinance shall be recovered as other fines in the Police Court 
of the city of Louisville. 

§ 6. The superintendent, gate-keeper, and all persons ap- 
pointed and qualified as private policemen of the city of Louis- 
ville, upon the application of the Cave Hill Cemetery Company, 
shall have full authority to enforce this ordinance, and to arrest 
any person or persons violating any provision thereof. 

§ 7. All ordinances in conflict with this ordinance are here- 
by repealed. 

§ 8. ‘his ordinance shall take effect from its passage. 

Approved December 29, 1899. 


——__—_- —_ —_ 


CEMETERIES. 
AN ORDINANCE concerning the Portland Cemetery. 
Be it ordained by the General Council of the city of Louisville > 


§ 1. That the City Engineer be and he is hereby required. 
to survey and plat the Portland Cemetery, showing on said 
plat the names of the streets and alleys thereof, and the num- 
ber of all lots therein; and the names of owners of all lots or 
graves therein; and he shall furnish a copy of same to the City 
Treasurer, the Health Officer, and the sexton of said cemetery. 

§ 2. The cost of full lots in said cemetery shall be twenty 
($20) dollars each; half lots ten ($10) dollars each; single 
eraves for adults, flve ($5) dollars each; and single graves for 
infants, three ($3) dollars each. 

§ 3. All sales of lots or graves shall be made by the City 
Treasurer, who shall give a certificate thereof to the purchaser; 
and no permit shall be issued by the Health Officer for the 
burial of any person in said cemetery unless the application 
therefor he accompanied by the certificate of the City Treas- 
urer, showing the purchase of a lot or grave, as the case may be, 
or unless the plat of said cemetery shows a purchase of a lot or 
grave therefor made, entitling the deceased to a burial in same. 

S 4. It shall be the duty of the City Treasurer when he 
sells a lot or grave, as herein provided, to at once enter the same 
on the plat of said cemetery, notify the sexton of the cemetery 


CEMETERIES. 911 





and the Health Officer thereof, giving name of the person pur- 
chasing same, and describing said lot or grave by number and 
street or allev, so that the same may be identified; and said 
sexton and the Health Officer shall at once enter the same on 
their respective plats of said cemetery. 

§ 5. The sexton shall report to the Health Officer, on the 
ond: Tuesday in each month, all burials made by him in the 
preceding month, which report shall contain the name of the 
person, whether adult or infant, and the number of the lot in 
which the grave was made, so that the same may be identified. 

§ 6. The Health Officer shall report to the General Council, 
at their first meeting in January and June in each year, the 
number of burials made in said cemetery, and the number of 
lots sold during the preceding half year; and the City Treas- 
urer shall report at the same time to the General Council all 
moneys received by him from the sale of lots or graves during 
the same period. 

§ 7. Any person violating any provision of this ordinance 
shall be fined not more than twenty nor less than five dollars 
for each offense. 

§ 8. This ordinance to take effect from and after its. pas- 
sace 


a Appr oved September 16, 1895. 


CEMETERIES. 


AN ORDINANCE to prevent the establishment of additional 
cemeteries, public or private, in the city of Louisville. 


WHEREAS, On account of the condition of the soil and the 
locality where the city of Louisville is situated, it 1s deemed 
injurious to the health of the inhabitants of said city to bury 
the bodies of dead human beings within the limits of said city: 

Now, therefore, in the exercise of the police powers vested 
in the city of Louisville, 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That it shall be unlawful for any person, firm or cor- 
poration to hereafter establish within the limits of the city of 
Louisville a cemetery, public or private, for the purpose of 
burying therein the body of any dead human being, and any 
such cemetery is hereby declared to be a public nuisance. 

§ 2. That any person, firm or corporation that shall violate 
the provisions of Section 1 of this ordinance, shall be subject to 


919 CITY ATTORNEY. 


a tine of not less than $50 nor more than $100 for each offense, 
and the burial of the body of any dead human being in any 
cemetery not now established or maintained within the limits 
of the city of Louisville shall be deemed a separate offense. 

§ 3. That it shall be the duty of all officers and patrolmen 
of the Police Department to arrest and prosecute all offenders 
a, violate any provision of this ordinance. 

§ 4. That this ordinance shall take effect from its passage. 

An oren ed December 26, 1901. 


i a = ee ee, 


CITY ATTORNEY AND ASSISTANT CITY ATTORNEY. 
Defining Their Terms of Office. 


AN ORDINANCE to define the term of office of the City At- 
torney and Assistant City Attorney of the city of Louis- 
ville. 

Be it ordained by the General Council of the city of Lowsville > 

That the term of office of the City Attorney and the 

Assistant City Attorney of the city of Louisville shall be four 

years, and shall begin on the 15th day of December, in the 

year of our Lord, 1896, and on the 15th day of December in 


every fourth year thereafter. 
Approved November 7, 1896. 


CITY ATTORNEY AND ASSISTANTS—SALARIES. 


AN ORDINANCE to fix the salaries of the City Attorney, the 
First Assistant City Attorney and the Second Assistant 
City Attorney. 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. That the salaries of the City Attorney, First Assist- 
ant City Attorney and Second Assistant City Attorney of the 
city of Louisville, appointed by the Mayor as authorized by an 
act of the General Assembly of the Commonwealth of Ken- 
tucky, approved March 21, 1902, shall be as follows: The City 
Attorney shall receive five thousand dollars per annum, payable: 


CITY ATTORNEY. 912. 








in monthly installments. The First Assistant City Attorney 
shall receive three thousand dollars per annum, payable in. 
monthly installments. The Second Assistant City Attorney 
shall receive two thousand five hundred dollars per annum,. 
payable in monthly installments. They shall not be entitled to 
any attorney’s docket or other fees, or any additional compen- 
sation for their services. 

§ 2. To the extent that any ordinance is in conflict with this: 
ordinance the same is hereby repealed. 

§ 3. This ordinance shall take effect from and after its. 
passage. 

Approved December 19, 1904. 


CITY ATTORNEY. 
Stenographer and Typewriter. 


AN ORDINANCE concerning the employment of a sten- 
ographer and typewriter by the City Attorney. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the City Attorney be and is hereby authorized 
and empowered to appoint and employ a stenographer, who 
shall be also a typewriter, at a salary of eighty-five dollars per 
month, said salary to be paid monthly. 

§ 2. That it shall be the duty of said stenographer to do. 
all the short-hand and typewriter work in the office of and for 
the City Attorney in the discharge of his official duties. 

§ 3. That said stenographer shall receive no compensation 
in addition to his salary for taking depositions in behalf of 
the city. 

§ 4. That all ordinances and resolutions in conflict with 
this ordinance are hereby repealed. 

§ 5. That this ordinance shall take effect from and after its 
passage. 

Approved February 28, 1898. 


214 CITY ATTORNEY. 





CITY ATTORNEY’S OFFICE. 


AN ORDINANCE concerning the Law Department of the city 
of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That there shall be hereafter in the Law Department 
of the city of Louisville the following additional employes, viz: 
One bookkeeper, one abstracter of titles, and one messenger, 
each of whom shall be appointed by the City Attorney, with 
the approval of the Board of Aldermen, and subject to removal 
by the City Attorney at pleasure. 

§ 2. That the bookkeeper in the Law Department shall be 
a competent and experienced accountant, who shall keep a full 
and accurate account of all unpaid tax bills heretofore or here- 
after listed with the City A'ttorney for collection; the disposition 
of the same, whether sued on or not; the amount collected there- 
on, with interest and costs; the amount of taxes, interest and 
costs paid by the City Attorney or Assistant City Attorney to the 
Tax Receiver; to keep the dockets of cases for and against the 
city posted and stepped; and keep such other accounts as may 
be required of him from time to time by the City Attorney. He 
shall receive a salary while in office at the rate of fifteen hun- 
dred dollars per annum, payable monthly. 

§ 3. That the abstracter of titles in the Law Department 
shall be a licensed attorney, competent and experienced in the 
examination of titles, whose duty it shall be to make and fur- 
nish in writing such abstract of the title of each piece of real es- 
tate under lien to the city for taxes, on which suit has been or 
may be brought to enforce such lien as may be required by the 
City Attorney or Assistant City Attorney, so that all persons 
holding hens thereon or interested therein may be made parties 
defendant, and be brought before the court in such action before 
judgment; and he shall perform such other duties with respect 
to the title to any piece of real estate on which the city may 
have a lien for taxes, or which the city may purchase, as shall 
be required of him by the City Attorney or Assistant City At- 
torney. He shall receive a salary while in office at the rate of 
fifteen hundred dollars per annum, payable monthly. 

§ 4. That it shall be the duty- of the messenger in the Law 
Department to take messages from the City Attorney’s office 
to other offices in the City Hall or the Courthouse, to receive, 
carry and deliver papers in or connected with suits to which 
the city is a party, or in which it is interested, and perform 
such other services as may be required of him by the City At- 


CITY ATTORNEY. 915. 





torney from time to time in said department. He shall re- 
ceive a salary while so employed at the rate of three hundred 
and sixty dollars per annum, payable monthly. 

§ 5. That an ordinance entitled ““An ordinance concerning. 
the Law Department of the city of Louisville,” approved Oc- 
tober 18, 1901, be and the same is hereby repealed, and this- 
ordinance is adopted in lieu thereof. 

Approved April 29, 1907, 


CITY ATTORNEY’S OFFICE. 
Additional Employes In. 


AN ORDINANCE concerning the Law Department of the city 
of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the following additional employes in the Law 
Department of the city of Louisville be, and the same are hereby 
authorized, viz: a law clerk, an additional abstracter of titles,. 
and an additional stenographer, each of whom shall be ap- 
pointed by the City Attorney, with the approval of the Mayor,. 
and subject to removal by the City Attorney at pleasure. 

§ 2. The law clerk shall be a licensed attorney, of at least 
five years’ practice at the bar, who shall discharge such duties 
in connection with the collection of city taxes, and attend to: 
such other matters in the Law Department as may be assigned 
to him by the City Attorney. His salary shall be two hundred 
dollars per month, payable monthly. Said additional abstracter 
of titles shall be a licensed attorney, with at least three years’ 
practice at the bar, who shall discharge such duties in connec-: 
tion with the abstracting of titles to property under lien to the 
city for taxes, and attend to such other matters in the Law De- 
partment as may be assigned to him by the City Attorney. His. 
salary shall be one hundred and twenty-five dollars per month, 
payable monthly. Said additional stenographer shall also be an 
experienced typewriter, and shall do such work in either line 
as may be assigned by the City Attorney, and shall receive there- 
for a salary of seventy-five dollars per month, payable monthly, 
but shall be entitled to no additional compensation for taking. 
depositions in behalf of the city. 

§ 3. This ordinance shall take effect fromm and after its pas~ 
sage. 

Approved March'14, 1905. 


916 CITVVATTORNEY, 








CITY ATTORNEY. 
Law Clerk. 


AN ORDINANCE creating the office of Law Clerk to the 
Mayor and fixing the salary thereof. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That the office of law clerk to the Mayor is hereby 
created, and that the Mayor of the city of Louisville shall have 
the right to appoint for a term not exceeding four years, a law 
«clerk, who shall perform such services as the Mayor may, from 
time to time, direct, and shall, at the instance of the Mayor, 
assist in the giving of advice and the rendering of legal services 
to the city. The salary of said law clerk shall be $1,500 per 
annum, payable in monthly installments of $125, as other city 
officers are paid. 

§ 2. That all ordinances or resolutions 1n conflict with this 
ordinance be, and the same are hereby, repealed. 

§ 8. This ordinance shall take effect from and after its 
passage. 

Approved January 15, 1902. 


CITY ATTORNEY. 
Claim Agent. 


AN ORDINANCE concerning the office of Claim Agent in the 
Law Department. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That there shall be in the Law Department of the city 
of Louisville one claim agent, who shall be appointed by the 
Mayor, and subjected to removal by the Mayor's pleasure. He 
shall receive a salary while in office at the rate of iifteen hun- 
dred ($1,500) dollars per year, payable monthly. He shall 
assist the City Attorney in the preparation of actions im which 
the city is interested, and shall perform such other duties as may 
be assigned him by the City Attorney. 

§ 2. All ordinances or resolutions in conflict with this ordi- 
nance are hereby repealed. 

§ 3. This ordinance shall be in effect from and after its pub- 
lication. 

Approved August 11, 1908. 


CITY BUYER. pe ord 








CITY BUYER. 


AN ORDINANCE regulating the office and defining the duties 
of the City Buyer and fixing his salary, and fixing the num- 
ber of employes in said office and their salaries. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the office of City Buyer, authorized by the act 
for the government of cities of the first class, shall be regu- 
lated, and the duties of the City Buyer shall be as defined by 
statute and the provisions of this ordinance. 

§ 2. It shall be the duty of the City Buyer to purchase alk 
animals, commissary or subsistence stores, medical and naval 
stores, stationery, Ironmongery, tools, implements, instruments, 
machines, fuel, forage, electrical and telegraph stores and sup- 
plies, lumber, brick, stone, cement, drain pipe, sand, gravel 
and any and all articles used by the city in the construction, 
repair or maintenance of the public buildings, and the public 
ways, and the repair of the public sewers and drains of the city 
and all articles or supples to be furnished the various institu- 
tions, officers and departments of the city. 


§ 3. Before purchasing any articles, as provided in Section 
2 hereof, the City Buyer shall have a requisition therefor, in 
such form as shall be provided by the Comptroller, with the 
approval of the Mayor, which requisition shall state the quan- 
tity and quality of the article or articles required, the place of 
delivery of the same, together with such specifications or samples 
as may be necessary to secure the exact article required, and 
said requisition shall also state the purpose for which the articles 
are intended. When such articles are of monthly or periodicat 
consumption said requisition shall state the quantity required 
for such period, the amount of such article or articles then on 
hand, and the amount to be supplied by the City Buyer. Said 
requisition on the City Buver shall be signed by the officer or 
person requiring the article or articles, and shall be approved 
by the chief of the department under whose employ or appoint- 
ment said person may be, or the Mayor. 


§ 4. When the City Buyer has purchased any article or 
articles, as provided in Section 3, he shall require the vendor to 
deliver to him duplicate invoices therefor, made out upon the 
-billheads of the vendor; or, if required by the Comptroller so 
to do, he shall require him to make out said invoices upon blank 
forms supplied by the Comptroller. In the first instance he 
shall forward one of said bills to the person requiring an ac- 
counting for such article or articles, and shall file the other bill 


Pa g GUYS BER 








in his office. In the second instance, he shall use the blanks 
supplied by the Comptroller, and shall comply with all of the 
requirements of the ordinance prescribing the manner in which 
claims against the city shall be made. In all cases the City 
Buyer shall require and keep on file in his office an acknowledg- 
ment of the receipt of the article or articles so called for, signed 
by the officer making the requisition in person. 

§ 5. That no contract for any article, supplies, material, 
live stock or other personal property needed by any officer, in- 
stitution or department of the city shall be or continue to be for 
a longer time than the end of the fiscal year, in which such con- 
tract shall be made. 

§ 6. It shall be the imperative duty of the City Buyer at all 
times, to the best of his ability, to subserve the best interests 
of the city in his department and to see that all specifications 
for the purchase or sale of articles, materials and supplies for 
the city are properly drawn, and all purchases made so as to 
prevent overcharges, extortions or impositions, and to secure 
the articles, supplies or materials required at the lowest possible 
price. Whenever the City Buyer shall be required to purchase 
articles, materials or supplies to the amount of $25.00 or over, 
it shall be his duty to post a public notice in the most conspicu- 
ous place in his office, which notice shall state the amount or 
quantity, quality and nature of the articles, materials or sup- 
plies desired, and the place or places where, and times when 
the same are to be delivered, and full specifications concerning 
the same: and said notice shall further state that bids in writing 
will be received at the City Buyer’s oflice for such articles, ma- 
terials or supplies until 4 p. m. of the second day after the notice 
is posted. The purchase shall not be made until after said hour, 
and the City Buyer shall keep a record of every bid made, which 
shall at all times be open to public inspection. 

In addition to posting the notice aforesaid, it shall be the 
duty of the City Buyer to use every effort by telephone, corre- 
spondence or otherwise to induce further competitive bidding. 
All bids shall be sealed and in writing, and opened publicly 
after the hour named in the notice. 

Nothing in this section shall be construed to relieve the 
City Buyer from endeavoring to obtain competitive bidding for 
articles, materials or supplies to the amount of less than twenty- 
five ($25.00) dollars wherever such effort would be reasonable. 

§ 7. A joint committee of three shall be appointed, two by 
the president of the Board of Councilmen and one by the presi-_ 
dent of the Board of Aldermen, whose duty it shall be to ex- 
amine into all contracts, lettings and purchases in the City 
Buyer’s department, and see that the same conform to the pro- 
visions of this ordinance, and the said committee shall report 


CITY BUYER. 219 











monthly to their respective boards. And it shall be the duty 
of the presidents of the Boards of Aldermen and Councilmen, 
in the regular order of business, to call for a report from this 
committee at the first meeting of the General Council in each 
month. This committee shall have access to all books, papers, 
bids, lettings and contracts in the City Buyer’s department, and 
it shall be the duty of the City Buyer and his clerk to render 
the said committee all the assistance necessary to obtain any 
and all information concerning the departments, or to expedite 
the work of the committee. 


§ 8. That it shall be the duty of the City Buyer to make 
sale, publicly or privately, in his discretion, on the best terms 
he can obtain, of all live stock or material in the fire, police and 
other departments of the city where such live stock or material 
has become unfit for further service or use in such departments, 
and after the same shall have been condemned by the chief or 
head of said department, the condemnation papers having been 
approved by the board governing said department. 

§ 9. That all. materials, supplies, lve stock, or other per- 
sonal property, whenever the same shall become unfit for use 
by the city of Louisville in any of its departments, shall be 
promptly reported by the chief of such department to the execu- 
tive board having control of such department; and the said 
board, after receiving such report or notice, shall examine into 
the condition of the material, supplies, live stock, or other per- 
sonal property, and if, in the judgment of a majority of the 
members of the said board, the same is unfit for further use by 
the city or the department which has had the use of the same, 
said board shall at once notify the City Buyer, giving him a list 
of the articles, their condition, quantity, where located, etc., 
in order that he may sell the same and make report thereof; 
and it shall be the duty of the City Buyer to keep in the front 
part of his office, outside the railing, a bulletin board headed 
“For Sale by the City Buyer,” upon which he shall note, imme- 
diately on receipt of notice from said board, the articles to 
be sold, a brief description thereof and the time and place of 
sale, which notice shall remain on said bulletin board until 
the sale of said articles shall have been made. 

Said notice shall remain posted upon the bulletin board 
for at least three days before the sale shall be made and the 
City Buyer may, where the article to be sold is, in his judg- 
ment, of sufficient value to justify the expense, advertise such 
sale by one insertion in one or more of the daily newspapers 
authorized to do the city printing. He shall, in all instances, 
take sealed bids for the property to be sold by him under this 
section. 


220) CLEY (BUYER; 





§ 10. That it shall be the duty of the City Buyer promptly 
after each sale to report to the Board of Public Safety or the 
Board of Public Works, as the case may be, the sale, the articles 
sold, the price or prices obtained, and the name of the purchaser 
or purchasers. All such sales shall be made for cash, and the 
proceeds shall be paid immediately by the purchaser or pur- 
chasers to the City ‘Treasurer, who shall pass the same to the 
credit of the fund for general purposes. 

§ 11. That any officer or employe of the city of Louisville 
that shall sell or dispose of any materials, supplies, live stock, 
or other personal property of the city of Louisville, which shall 
have become unfit for further use in any department of the 
city, otherwise than as is provided for by this ordinance, or who 
shall fail or refuse to perform any duty imposed upon him by 
any provision of this ordinance, shall be subject to a fine of not 
less than ten dollars nor more than one hundred dollars for 
each offense, to be recovered in the Police Court of the city of 
Louisville. | 

§ 12. The City Buyer shall keep in his office, properly in- 
dexed and filed, all requisitions, all advertisements for bids, 
all the bids themselves and the letting sheets therefor, all con- 
demnation papers, all advertisements for sales, and an itemized 
account of said sales, and shall keep such books and accounts, 
and shall also make such reports at such times and in such form 
as the Comptroller may prescribe. 

§ 18. That the City Buyer shall execute bond in the sum 
of ten thousand doilars, with good surety, conditioned for a 
faithful performance of all his duties as required by law and 
the provisions of this ordinance, said bond to be approved by 
the General Council and filed with the Comptroller. This bond 
shall be executed within ten days after his appointment shall 
have been approved by the Board of Aldermen. 

§ 14. That nothing in this ordinance shall be construed 
to conflict or dispense with the requirements of the statutes 
that all purchases by the City Buyer shall be approved by the 
Mayor if the amount to be expended be under $2,000, and 
by the General Council and Mayor if the amount exceed $2,000. 

§ 15. The City Buyer shall have the authority, by and with 
the approval of the Mayor, to appoint an Assistant City Buyer, 
a stenographer and a messenger. The City Buyer shall re- 
ceive a salary at the rate of $2,500 per annum, payable monthly. 
The Assistant City Buyer shall receive a salary at the rate of 
$2,000 per annum, payable monthly. The stenographer shall 
receive a salary at the rate of $900 per annum, payable monthly. 
The messenger shall receive a salary at the rate of $600 per 
annum, payable monthly. 


CITY GAUGER. 221 


§ 16. That all ordinances and parts of ordinances in con- 

flict with this ordinance be and the same are hereby repealed. 
§ 17. That this ordinance shall take effect from its passage. 
Approved December 18, 1907. 


enact ene 


CITY GAUGER. 


AN ORDINANCE relating to the office of City Gauger and 
defining the duties and fixing the fees of such Gauger. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That in the month of December, 1904, and every 
fecund year thereafter, the General Council shall elect one 
person as Gauger, to continue in office two years and until his 
successor is qualified, and he may appoint a deputy from time 
to time, as needed. The Gauger shall keep an office in some 
central place, and whenever called on attend at any place in 
the city and guage any package or packages of a liquid nature 
and deliver the applicant a true certificate of the contents of 
the said package or packages. 

§ 2. He shall keep in a suitable book, subject to the inspec- 
tion of the persons interested, a register of all articles gauged 
by him, an abstract of which, with a statement of the amount 
of fees received, shall be reported by him under oath to the 
General Council at least once a year, and oftener if required. 

§ 3. He shall also keep in his office a book in which all 
orders for gauging are to ‘be entered, and unless for good cause 
shown, they shall be fulfilled in that order by him, under a 
penalty of not less than $5 nor more than $20. 

§ 4. The Gauger may charge the person for whom the 
gauging is done the following fees: 

For gauging vinegar, oil, petroleum or benzine, for each 
barrel 744 cents. 

For a single barrel of any of the above, 15 cents. 

For gauging varnishes or turpentine, 15 cents for a barrel, 
pipe or half pipe. 

For gauging other liquids not named the same as for gaug- 
ing vinegar. 

§ 5. Itshall not be lawful for any person other than the one 
elected under the provisions of this ordinance, or his deputy, to 
perform any service required to be performed by said ordinance, 
and any party or parties violating its provisions shall be liable 
to a fine of $25 for each offense. 


222 CITY HOSPITAL——CLAIMS. 


§ 6. This ordinance shall take effect from and after its 
publication. 
Approved November 7, 1904. 


CITY HOSPITAL. 


AN ORDINANCE providing for a room, furniture and ap- 
pliances at the City Hospital, suitable for the insane. 


Be it ordained by the General Council of the city of Lowisville: 


That the Board of Public Safety are hereby authorized 
and instructed to prepare and cause to be established at the 
City Hospital a room for the reception, custody, and treatment 
of the insane patients that may be sent to said hospital; that 
said room shall be furnished with one iron bed or erib, such as 
is used at the lunatic asylum at Lakeland, and known as No. 
46, Smith and Davis Manufacturing Company, or one equal 
to same, and such muffs, strips, and bandages, and other ap- 
pliances necessary for the purposes of said room, the cost thereof 
to be charged to charity institutions. This ordinance to take 
effect from and after its publication. 

Approved March 15, 1897. 


CLAIMS. 


AN ORDINANCE prescribing the manner in which claims 
against the city of Louisville shall be made. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That all claims against the city of Louisville shall be 
made out in duplicate upon the printed forms furnished by the 
Comptroller, and shall be certified to by the officer ordering 
the work or material, who shall state the authority therefor. 
Said certification shall be made to the Auditor and the claims 
so certified shall be registered in the order of their reception by 
the Auditor, and all claims approved by the Auditor shall be 
transmitted by him to the Comptroller. 

§ 2. All such claims, when received by the Comptroller, 
shall be registered by him and numbered in the order of their 
reception by him in a book kept for that purpose, showing the 


CLAIMS. 223 





titles of accounts to which such claims are chargeable, both the 
original and duplicate to bear evidence of registration by date, 
number and folio of register. 

§ 5. That no claims shall be entertained by the General 
Council unless made out in accordance with Sections 1 and 2 
of this ordinance. 

§ 4. That upon the passage by the General Council and 
approval by the Mayor of any claim, the Comptroller shall file 
in his office the original, and shall attest and deliver to the 
owner thereof the duplicate of such claim. 

§ 5. That upon the presentation to the Auditor of such 
duplicate, properly certified and attested, as hereinbefore pro- 
vided, he shall issue his warrant for the amount of said claim, 
and shall take the receipt of the holder of the claim thereon, 
which claim, with the said receipt, shall be filed in his office. 

§ 6. When the claim is in the form of a pay-roll, such pay- 
roll shall be made out upon the form furnished by the Comp- 
troller, and shall be certified by the chief of the department or 
by the president of the board under whose authority the ex- 
penses are created, except that the pay-roll of citv officers and 
other employes shall be made out by the Comptroller, and cer- 
tified by the Mayor to the Auditor for registration and approval, 
and when registered and approved by the Auditor the same 
shall be transmitted by said Auditor to the Comptroller for 
registration, and all the conditions and regulations of other 
claims as hereinbefore provided shall be observed. After the 
pay-roll shall have passed the General Council, the Auditor shall 
draw his warrant in favor of each person whose name appears 
upon said pay-roll, and upon the delivery of such warrant such 
roll shall be signed by such person. 

§ 7. No warrant shall be issued by the Auditor, or money 
paid by the Treasurer, except in conformity with the provisions 
of this ordinance and passage of the claim by the General 
Council. 

§ 8. An ordinance approved January 23, 1894, entitled, 
“An ordinance prescribing the manner in which claims: against 
the city of Louisville shall be made,” is hereby repealed. 

§ 9. This ordinance shall take effect from and after its 
passage. 

Approved September 10, 1909. 


994 CLERK’S OF THE BOARDS OF GENERAL COUNCIL. 


CLERKS OF THE BOARDS OF THE GENERAL COUNCIL. 


AN ORDINANCE concerning the clerks of the boards of the 
General Council. 


Be it ordained by the General Council of the city of Louisville: 


S 1. That each board of the General Council shall elect, at 
the time of its first organization after its election, a competent 
clerk. for the term for which said board is elected, whose duty 
it shall be to keep a correct journal of the proceedings of the 
board in which he is elected, perform the duties of clerk at the 
meetings of said board, and keep in his possession, subject to the 
orders of the General Council, all papers and property belonging 
to said board. 

§ 2. That the clerks so chosen shall be and are hereby made 
ex- officio clerks to the Comptroller, and in such capacity shall 
be the custodian of all such records as the Comptroller may 
designate, and shall, under the direction of the Comptroller, 
prepare all distraint and garnishment warrants provided for 
in Sections 215 and 218 of ‘“‘An act for the government of cities 
of the first class,” approved July 1, 1898, and the amendments 
thereto. 

§ 3. That the clerks of said boards shall, each, receive a 
salary ot two thousand dollars per annum, to be paid monthly 
in the same manner that the salaries of other city officers are 
paid. 

§ 4. This ordinance shall take effect from and after the 
expiration of the terms of office of the present incumbents. 

Approved Apri 21, 1899. 


CLOSING PUBLIC OFFICES. 


AN ORDINANCE relating to the closing of the public offices 
of the municipal government of the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That it shall be lawful for the publie offices of the 
municipal government of the city of Louisville to be closed at 1 
o'clock p. m. on Saturday throughout the whole or any part of 


the year. 
Approved August 24, 1904. 


COMPTROLLER, 2995 


COMPTROLLER’S CLERK. 


AN ORDINANCE providing for a clerk for the City Comp- 
troller. 


Be it ordained by the General Council of the city of Louisville > 


§ 1. That the City Comptroller, with the approval of the 
Mayor, shall have the power to appoint a clerk for his office, 
who shall perform such duties as may be directed by the City 
Comptroller or by ordinance. 

§S 2. That the said clerk shall receive a salary of two thou- 
sand dollars per annum, payable monthly. 

§ 3. That this ordinance shall take effect from its passage. 

§ 4. The ordinance providing for a clerk for the City 
Comptroller, which was approved December 30, 1901, is hereby 
repealed. 

Approved April 17, 1905. 


COMPTROLLER—ADDITIONAL CLERK. 


AN ORDINANCE providing for an additional clerk for the 
City Comptroller. 


Be it ordained by the General Council of the city of Lowsville > 


§ 1. That the City Comptroller, with the approval of the- 
Mayor, shall have the power to appoint an additional clerk for 
his office, who shall perform such duties as may be directed by 
the City Comptroller, or by ordinance. 

§ 2. That said clerk shall receive a salary of one thousand 
($1,000) dollars per annum, payable monthly. 

§ 3. That an ordinance entitled ‘An ordinance providing: 
for an additional clerk for the City Comptroller,’ and approved: 
January 24, 1906, be and the same is hereby repealed. 

§ 4. That this ordinance shall take effect from its passage. 

Approved April 29, 1907. 


226 CONTRACTS. 


CONTRACTS. 


AN ORDINANCE concerning contracts for the construction 
and reconstruction of streets in the city of Louisville. 


Beit ordained by the General Council of the city of Lowsville: 


§ 1. That in all contracts for the construction or recon- 
struction of streets in the city of Louisville with asphalt, 
granite, vitrified brick, or block, macadam, or other pavement 
authorized by ordinance, there shall be incorporated the follow- 
ing guaranty clause on the part of the contractor, to-wit: 

“The party of the second part hereby guarantees the work 
done under this contract and the materials used in the con- 
struction of the same are free from defects or flaws; and this 
guarantee is for a term of five years from and after the accept- 
ance of the work by the Board of Public Works. It is hereby 
especially agreed and understood that this guarantee shall not 
include any repairs made necessary by any cause or causes other 
than defective work or materials in the construction of the im- 
“provement. 

“After the acceptance of the work by the Board of Public 
‘Works, the contractor agrees to deposit with the City Treasurer 
-bonds of the city of Louisville or of the United States, amount- 
ing in the aggregate to 10 per cent. of the contract cost of the 
‘work herein provided for. Should any defect-in the work or 
materials become apparent during the said guarantee period of 
five years, the party of the second part shall have notice in 
writing from the Board of Public Works of such defect, and he 
shall commence repairing same within three days after service 
of such notice, and shall prosecute the work of remedying such 
defect or defects with all due diligence to completion. Should 
che fail or refuse to begin said work to remedy said defective 
-work or materials within three days after the service of said 
notice, the Board of Public Works may have said defects reme- 
died ‘and charge the same to the contractor; and to pay the ex- 
yense of remedying such defects they may sell for cash ‘as many 
of the bonds herein mentioned as may be necessary, said sale 
to be at public auction, at such time and place as the Board 
of Public Works may order, notice of said sale being given by 
one publication in the papers doing the public printing and ad- 
vertising. At the end of said guarantee period of five years 
the unexpended balance of said bonds and interest, if any, 
shall be held subject to the order of said contractor. 

“Tt is hereby further stipulated and agreed that the Board 
«of Public Works shall be the exclusive judge of the existence 
of defects in the work or materials herein mentioned, and of 


CONTERSA CES. OT 


the extent of the work necessary to remedy the same; and, 
further, that the appointment of inspectors by the Board of 
Publie Works for the supervision of same, to insure that the 
work and materials are in accordance with the plans and 
specifications for the improvements herein mentioned, and the 
supervision thereof by such inspector, shall in no wise relieve 
the contractor from the guarantee of his work as herein set 
forth. 

“Tt is further stipulated and agreed by the contractor and 
his sureties that they will pay all damages for injuries to, or 
encroachments upon the private property of abutting lot own- 
ers, or other persons, in constructing the improvements herein. 
mentioned, and will save the city of Louisville harmless from all 
loss and damage on that account; and the contractor and his: 
sureties shall, in no event, be released from such liability, un-- 
less the injury to private property was done by the contractor 
under, and in, pursuance of the express written order of the 
Board of Public Works, certified by the secretary, and after 
reasonable notice in writing given by the Board of Public 
Works to the abutting lot owner or owners, or other person or 
persons to be affected, and it is agreed by the contractor and 
his sureties that no other authority whatever, verbal or written, 
shall release them from such hability to the city, nor to the 
owner of the property injured or damaged, nor waive the city’s 
right to indemnity on account thereof.” 

§ 2. That in all contracts for the original construetion of 
streets in the city of Louisville with any kind of pavement, in 
addition to the guaranty clause provided for in Section 1 of this: 
ordinance, there shall be incorporated the following covenant. 
on the part of the contractor, to-wit: 

“Tt is further agreed by the contractor that for the contract: 
price or cost of all work mentioned above, or required to be 
done by him under any of the provisions of this contract, he 
will look alone to the lot owners or the property described in. 
the ordinance aforesaid; and that, in no event, shall he be en- 
titled to recover any part thereof from the city of Louisville.’” 

§ 3. That in additron to the general specifications for the 
construction and reconstruction of public ways with asphalt 
pavement as prescribed by general ordinance, the following: 
specification is prescribed, to-wit: 

“After the curb is set and pavement laid, hot asphaltunr 
must be poured into the joints of the gutter and curb until it: 
rises to and remains at the level of the pavement; but before this, 
the joints must be filled with sharp sand, heated to 200 degrees: 
Fahrenheit.” 


§ 4. That all ordinances and parts of ordinances in con- 
flict with this ordinance be and the same are hereby repealed. 


922 CONVICT MADE GOODS. 


§ 5. That this ordinance shall take effect from its passage. 

The foregoing ordinance, having been presented to the 
Mayor, on October 9, 1900, and having been withheld by him 
beyond the day of the next regular meeting of the General 
Council, on October 16, 1990, and more than three days hay- 
ing intervened between the presentation to the Mayor and said 
meeting, and the General Council having actually met on said 
day, the same became obligatory as if signed by him, accord- 
ing to Section 2795, Kentucky Statutes, and takes effect from 
-and after October 16, 1900. 


SRP LA RUAN HC Mises Aur. W. Davis, C. B: A. 
Section 2 was declared invalid in City vs. Bitzer. 4 R., 2263. 


CONVICT-MADE GOODS. 


AN ORDINANCE concerning convict made goods, wares, and 
merchandise. 


Beit ordained by the General Council of the city of Louisville: 


§ 1. All goods, wares and merchandise made by convict 
jabor in any penitentiary, prison, reformatory, or other estab- 
dishment in or out of the State of Kentucky, in which convict 
labor is employed, and imported, brought, introduced, or of- 
fered for sale in the city of Louisville, shall, before being eX- 
posed for sale, be branded, labeled or marked, as hereinafter 
provided, and shall not be exposed for sale in any place within 
the city of Louisville without such brand, label, or mark. 


§ 2. The brand, label, or mark Hereby required shall con- 
‘tain, at the head or top thereof, the words, “convict made,” 
followed by the year and the name of the penitentiary, prison, 
areformatory, or other establishment in which it was made, in 
plain English lettering and the style and size known as creat 
‘primer Roman, condensed, capitals. The brand or mark shall, 
‘in all cases, where the nature of the article will permit, be placed 
upon the same, and only where such branding or marking is 
ampossible shall it be placed upon the box or other covering of 
the same, or be attached to the article as a label. Said brand 
or mark shall be placed upon the most conspicuous part of the 
article or its covering, and said label, when used instead of a 
‘brand or mark, shall be attached in the most conspicuous place. 

Sant shall not be lawful for any person dealing in the 
«ity of Louisville in any such convict made goods, wares, or mer- 
¢handise, manufactured in or out of the State of Kentucky, 


COST MAXIMUM, OF WORK, LABOR OR MATERIAL 929 


knowingly to have the same in his possession for the purpose of 
sale, or to offer the same for sale, without the brand, mark, or 
label required by this ordinance, or to remove or to deface such 
brand, mark, or label. Any person offending against the pro- 
visions of this ordinance shall be, upon conviction thereof, sen- 
tenced to pay a fine of not exceeding five hundred dollars, or to 
be imprisoned for a term not exceeding twelve months, or both, 
in the discretion of a jury or court trying the case. 

This ordinance shall take effect and be in force from and 
after its passage. 

Approved August 27, 1897. 


COST, MAXIMUM, OF WORK, LABOR OR MATERIAL. 


And the Fund to Which Chargeable to be Inserted in Ordi- 
nances and Resolutions Involving Expenditure 
of Money. 


AN ORDINANCE providing for the maximum cost of work 
and the fund to which it is chargeable, to be inserted in all 
ordinances and resolutions involving the expenditure of 


money. 
Be it ordained by the General Council of the city of Lowisville: 


§ 1. That hereafter all ordinances and resolutions intro- 
duced into the General Council, involving the expenditure of 
money, shall contain the maximum cost of the work or labor to 
be done, or material furnished, certified to by the head of the de- 
partment having same in charge, together with the name of the 
fund to which same shall be charged; and no more than said 
maximum price shall ever be paid for said labor, work, or mate- 
rial. 

§ 2. All ordinances in conflict herewith are hereby re- 
pealed. 

§ 3. This ordinance shall take effect from its publication. 

Approved February 29, 1896. 


DAY LABORERS. 





930. DAY’S LABOR 





DAY’S LABOR. 


AN ORDINANCE fixing length of a day’s work for the city 
of Leuisville by rammers and pavers. . 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the length of a day’s work for the city of Louis- 
ville by rammers and pavers shall be nine hours, as follows: 
From 7 o’clock a. m. to 12 o’clock m., and from 1 o’clock p. m. 
to 5 o’clock p. m.; and if any rammer or paver shall volun- 
tarily labor for the city a longer time than nine hours on any 
day, he shall receive for the extra time a proportionate part of 
the per diem now fixed by ordinance, and the pay-rolls for 
rammers and pavers shall be made up, certified, registered, and 
ailowed according to the provisions of this ordinance. 

§ 2. That this ordinance shall take effect from its passage. 

Approved March 22, 1900. 


DAY LABORERS. 


AN ORDINANCE fixing nine hours as a day for all laborers 
who work for the city of Louisville. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That hereafter nine (9) hours shall constitute a day 
for all laborers who work by the day for the city of Louisville, 
or in any of its departments, and in making up the pay-rolls for 
such laborers the compensation for a day’s work shall be allowed 
for each nine hours of work done or performed by such laborer; 
and for all time such laborers may work voluntarily over and 
above nine hours each day additional compensation shall be 
allowed such laborers proportionately for such extra time. 

§ 2. That all ordinances or parts of ordinances in conflict 
with this ordinance be and the same are hereby repealed. 

§ 3. That this ordinance shall take effect from and after 
its passage. 

Approved October 6, 1900. 


DISEASES. 931 


DISEASES—REPORTS TO HEALTH OFFICER. 


AN ORDINANCE concerning reports to be made to the 
Health Officer of certain diseases. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That every physician shall report in writing to the 
Health Officer immediately each and every case of consumption, 
whooping cough, or typhoid fever which he may be called upon 
to treat, or has now under treatment, within the city of Louis- 
ville, giving the full name, age, color, occupation, and residence 
of each patient, and if removed to any of the infirmaries or hos- 
pitals in the city, the place where the patient was removed from. 
The Health Officer shall preserve said reports in his office for 
his own use, and shall in no event allow the information con- 
tained therein to be made public or given out for publication. 

§ 2. That any person who violates any of the provisions of 
this ordinance shall be fined not less than five dollars nor more 
pean twenty dollars for each offense. 

§ 38. This ordinance shall take effect from and after its 
passage. 

Approved November 15, 1898. 


DISEASES. 


AN ORDINANCE to prevent the Spr OneNe of infectious and 
contagious diseases. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That every physician located or practicing in the 
city of Louisville who shall know that any person whom he or 
she is called upon to visit, or who comes or is brought to him 
or her for examination, suffering from or is afflicted with diph- 
theria, diphtheritic croup, scarlet fever, small-pox or varioloid, 
shall forthwith report the same to the "Health Department, in 
writing, over his or her signature; state the name of the disease 
and the name, age, and sex of the person suffering therefrom, 
and shall set forth by street and number or otherwise sufficiently 
designate the house or room in which said person may be lo- 
cated. 

§ 2. Upon receipt by the health authorities of a report of 
the existence of a case of diphtheria, diphtheritic croup, scarlet 


929 DISEASES. 





fever, small-pox or varioloid, the Health Officer shall at once 
place, or cause to be placed, in a conspicuous manner upon or 
near the house or premises in which said case may be located, a 
placard or placards, upon which shall be printed in large letters 
the words, ‘“‘diphtheria here,” ‘‘scarlet fever here,’ and the dis- 
play of a yellow flag for small-pox or varioloid, as may be the 
case; and said placard or placards, or flag, shall remain thereon 
until such time as the rules and regulations established by the 
proper health authorities regarding the destruction or disinfec- 
tion of infected bedding, clothing, etc., shall have carried opt 
and fully complied with. 

§ 3. The head of a family occupying any house or premises 
or near which such placard or placards or flags aforesaid may 
be placed, or any other person whatsoever, shali be lable for a 
fine or penalty, provided by this act, in case, where such pla- 
card or placards or flags are removed, defaced, covered up, taken 
down, or destroyed, with his or her knowledge, act, or consent 
before the time provided by Section two (2) of this act. 

S 4. It shall be the duty of the undertaker, or other person 
or persons, having the body of any one dying of above named 
diseases in charge, to thoroughly disinfect and place every such 
body within the coffin or casket in which it is to be buried with- 
in six (6) hours after first being called upon to take charge of 
the same; provided such call is made between the hours of 5 a. 
m. and 11 p. m.; otherwise such body shall be so placed in such 
coffin or casket within twelve (12) hours; the coffin or casket 
then to be closed tightly and not again opened, unless permis- 
sion be granted by the Health Officer for special cause shown. 

§ 5. The body of a person who has died of either of these 
diseases hereinbefore mentioned shall not remain unburied for 
a longer period of timé than thirty-six (86) hours after death, 
unless special permission be granted by the Health Officer ex- 
tending the time which such body may remain unburied for 
special cause shown. ‘The head of the family, or the person or 
persons having charge of the funeral of such body, shall be re- 
sponsible for any violation of the provisions of this section. 

§ 6. All services held in connection with the funeral of the 
body of a person who has died of either of these diseases here- 
inbefore mentioned must be private, and the attendance thereat 
shall include only the immediate adult relatives of the deceased 
and the necessary number of adult pall-bearers; the head of the 
family or other person or persons having charge of said funeral 
services shall be responsible for any violation of the provisions 
of this section. 

§ 7. ‘The body of a person who has died of either of these 
diseases hereinbefore mentioned shall in no instance be taken 
into any church, chapel, public hall, or building for funeral 


DISEASES. 238 





services. ‘The head of the family, or person or persons having 
charge of said funeral services, and the sexton, janitor, or other 
person or persons having control of such church, chapel, public 
hall, or building, shall be responsible for any violation of the 
provisions of this section. 

§ 8. No child or other person belonging to or residing with 
the family of any person, or residing in the same house in which 
any person may be located, who is suffering from diphtheria, 
diphtheritic croup, scarlet fever, small-pox or varioloid, shall 
be permitted to attend any public, private, parochial, or other 
school; and all school principals or other persons in charge of 
said schools are hereby required to exclude any and all such 
children and persons from said schools; said exclusion to con- 
tinue for a period of twenty (20) days following the recovery 
or death of the person fast afflicted in said house or family; and 
all such children or other persons, as aforesaid, before being per- 
mitted to attend or return to school, shall furnish to said princi- 
pal or other person in charge of said school, a certificate, signed 
by said medical attendant of said children or persons, or by a 
physician to be designated by the health authorities, setting 
forth that the twenty (20) days mentioned in this section have 
fully expired. 

§ 9. Any physician, undertaker, principal, head of family, 
or other person or persons, as aforesaid, who shall fail, neglect, 
or refuse to comply with, or who shall violate any of the pro- 
visions or requirements of this act, or of the rules and regula- 
tions of the aforesaid health authorities, under and by virtue of 
the provisions of this act, shall, for every offense, upon convic- 
tion thereof before the City Court, be fined not less than ten 
nor more than one hundred dollars for each offense. Each day 
he fails, refuses, or neglects the same to be a separate offense. 

§ 10. That any person who shall have the small-pox, and 
refuse, on the demand of the Health Officer, to be sent or taken 
to the Eruptive Hospital, or to remain at said hospital, after 
being sent or taken thereto, during his or her illness from said 
disease, or before being discharged therefrom by its superin- 
tendent, shall be fined not less than twenty-five dollars, nor 
more than one hundred dollars for each offense. 

§ 11. It shall be the duty of all inhabitants of the city of 
Louisville, who have not been vaccinated, or, if vaccinated, not 
successfully, to procure their own vaccination, or rev accination, 
as the case may be, within ten days from the passage of this or- 
dinance; and all persons who shall fail, or refuse, to comply 
with this section of this ordinance within the time prescribed 
herein, or shall fail, or refuse, on the demand of the Health 
Officer, to submit to vaccination by him, or by the physician 
of the Eastern or Western district, or some other reputable pny- 


2234 DISORDERLY CONDUCT. 


sician of the city of Louisville, shall be fined in any sum, not 
less than five dollars, nor more than fifty dollars, for each 
offense. 

§ 12. No principal of any school, and no principal or 
teacher of any private, sectarian, parochial, or other school, 
shall admit to any school any child or minor who shall not have 
been properly vaceinated. The evidence of such vaccination 
shall be a certificate signed by the Health Officer or any prac- 
ticing physician. 

§ 18. The Health Officer is hereby empowered to visit any 
and all public, private, and parochial schools in the city, and 
to make or cause to be made any examination of the children 
and minors in attendance therein as often as he may deem 
necessary to secure compliance with the provisions of this ordi- 
nance. 

§ 14. Any person violating the laws of vaccination shall 
be liable to a fine in the City Court of not less than ten nor 
more than twenty dollars, and shall also be lable to a like fine 
for every ten (10) days thereafter they shall delay having the 
operation of vaccination performed. 

§ 15. The physicians of the Eastern and Western districts 
shall render medical treatment to the indigent residents, and 
shall vaccinate all residents of said city, who shall desire it, free 
of charge, and make monthly reports to the Health Officer. 

§ 16. This act shall take effect from and after its publica- 
tion. All acts in conflict herewith are hereby repealed. 

Approved February 6, 1899. 


ed 


DISORDERLY CONDUCT. 


AN ORDINANCE concerning disorderly conduct in the city 
of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. Whoever shall be found guilty of disorderly conduct 
in the city of Louisville shall be fined not less than five dollars 
nor more than fifty dollars, or imprisoned in the city work- 
house not exceeding thirty days, or both so fined and impris- 
oned, in the discretion of the judge or jury trying the case; and 
when imprisonment is prescribed by the judge or jury trying 
the case, it shall be in the discretion of the judge or jury to 
Ge whether or not the imprisonment shall be with hard 
abor. ge | 


DISPLAY CARDS——DOGS. 935 





§ 2. That in addition to imposing a fine, the Police Court 
may hold the offender to bail in a sum not exceeding one thou- 
sand dollars to.keep the peace, or be of good behavior, for any 
length of time not exceeding one year. 

§ 3. Should the offender fail to give bond or fail to pay the 
fine, he shall be forthwith committed to the city workhouse, and 
shall be kept in custody until bail be given, or until the ‘time 
fixed by the Judgment shall have expired and the fine be paid 
or satisfied by labor as provided by law. 

§ 4. All ordinances in conflict herewith are hereby repealed. 

§ 5. This ordinance shall take effect from its passage. 

Ap pprov ed September 10, 1898. 


DISPLAY CARDS. 


AN ORDINANCE prohibiting the nailing or pasting or dis- 
play cards, advertising matter, or show bills on vacant 
property in the city of Louisville. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That it shall be unlawful for any person to nail, tack, 
or in any other way fasten on the outside or inside of any vacant 
house in the city of Louisville, any show bill, display card, or 
advertisement of any kind whatsoever, without the written con- 
sent of the owner or agent of the property. 

§ 2. For any violation of the provisions of this ordinance 
the party offending, on conviction therefor, shall be fined not 
less than $10.00 nor more than $25.00 for each offense. 

§ 3. This ordinance shall take effect from and after its pas- 
sage. 

Approved April 12, 1900. 


DOGS—VICIOUS. 


AN ORDINANCE prohibiting the harboring of vicious dogs in 
the city. 


If any person shall, within the limits of said city, harbor or 
keep any animal of the dog kind that shall bite or fiercely attack 
any person whatever, such animal at the time of said biting or 
attack not being within the owner’s inclosure, such person so 


926 DOGS. 





harboring or keeping said animal shall, on conviction thereof 
before the City Court, be fined in any sum not exceeding one 
hundred dollars; and, if any person so convicted shall continue 
to harbor or keep said animal within the limits of said city, and 
said animal shall again bite or fiercely attack any person in the 
manner aforesaid, the person so harboring or keeping said ani- 
mal shall, on conviction thereof, be fined a line sum, and on 
any like conviction shall, from time to time, be fined in like 
manner, provided that this action shall not extend to a case 
where the person shall break or enter without permission into 
any inclosure, and shall be pursued therefrom by any such ani- 
mal shall, on conviction thereof, be fined a like sum, and on 
the loud and frequent or continued barking, howling, or yelp- 
ing of any animal of the dog kind, so as to annoy and disturb 
any neighbors, such owner shall, on conviction, be fined in 
any sum not exceeding ten dollars. 
Approved January 29, 1859. 


DOGS. 
AN ORDINANCE in relation to unlicensed dogs. 
Be vt ordained by the General Council of the city of Louisville: 


§ 1. That any dog found running at large upon any of 
the streets or public places of the city of Louisville without a 
license tag of the Sinking Fund of said city attached to his 
neck, showing that the license has been paid for the year, shall 
be taken up and impounded in separate. apartments. 

S 2. Whenever for any cause, the Mayor shall deem it neces- 
sary, he may issue his proclamation prohibiting for a certain 
time, all dogs from running at large upon any of the streets of 
the city of Louisville, unless such dog be securely muzzled, so as 
to effectually prevent it from biting any person or animal, which 
proclamation shall be published in the papers elected to do the 
city advertising at least one time, and all dogs found running at 
large contrary to the provisions of such proclamation shall be 
taken up and be impounded in separate apartments. 

§ 3. It shall be the duty of the pound keeper to make a re- 
port every day to the secretary and treasurer of the Sinking 
Fund, giving a description of the dog taken up, and, if the dog 
has a license tag, shall give the number of said tag, and said list 
shall be posted in the office of the Sinking Fund. 

§ 4. Any owner wishing to redeem any unlicensed dog, 
within three days after impounding, shall pay to the secretary 


DOGS. 937 


and treasurer of the Sinking Fund the amount of license for 
said dog, and upon the presentation to said pound-keeper of the 
receipt of said secretary and treasurer, with a redemption fee 
of fifty cents to the pound-keeper for ‘his use, and twenty-five 
cents to the pound-keeper, who shall pay the same to the secre- 
tary and treasurer of the Sinking Fund, for the use of the per- 
son taking up the dog, then said dog shall be released. 

§ 5. For a licensed dog, the person presenting the receipt 
of the an secretary and treasurer that the license has been paid, 
and the fee of fifty cents to the pound-keeper, for his use, and 
the fee of twenty-five cents to the pound-keeper, who shall pay 
the same to the said secretary and treasurer for the use of the 
person taking up the dog, the said dog shall be released. 

§ 6. If at the end of three days from the time of impound- 
ing any animal remains unredeemed, the keeper of the pound 
shall certify the same to the judge of the City Court of Louis- 
ville, who shall fix a day for the hearing of the matter, of which 
time the owner of said ‘dog or dogs, if he be known, shall have 
three days’ notice. If upon the trial of said matter it shall be 
adjudged that said dog or dogs were at large in the city of Louis- 
ville contrary to law, and'that they have been unredeemed for 
three days, he shall, by order of the court, direct said pound- 
keeper to sell said dog or dogs at public outcry, at the pound to 
the highest and best bidder, after having advertised the time, 
the terms, the place of sale, for three days, by three posters— 
one at the pound, one at the office of the secretary and treasurer 
of the Sinking Fund, and one at the door of the Jefferson 
county Courthouse. 

S 7. If no one bids for any dog thus put up at auction, it 
shall be killed by the pound-keeper in the least painful manner. 

The pound-keeper shall make a monthly report to 
the secretary and treasurer of the Sinking Fund, giving a de- 
scription of all dogs taken up, and by whom, and those re- 
deemed and by whom, and those bought and by whom, and the 
price paid, and those ‘slain, to be supported by the affidavit of 
said pound-keeper. 

§ 9. Said pound-keeper shall give a receipt for every dog 
received to the person delivering said dog to him, and upon 
presentation of said receipt to the secretary and treasurer of the 
Sinking Fund, he shall pay to said person the sum of twenty- 
five cents, 

§ 10. It shall be the duty of any policeman to kill any dan- 
gerous dog which may be found running at large contrary to 
the provisions of this ordinance, provided such dog can not be 
safely taken up and impounded. 

§ 11. Any person who shall entice any dog out of the en- 
closure of the possessor of such dog, or who shall bring into the 


938 DRUNKNNESS 


city any dog for the purpose of taking up and impounding the 
same, or who shall purchase any dog when sold by the pound- 
keeper, for the purpose of impounding the same, shall, on con- 
viction, be fined not less than $5.00 nor more than $25.00. 

§ 12. The word dog shall include and mean the singular 
and plural numbers, and male and female. 

§ 13. All ordinances in conflict herewith are hereby re- 
pealed. 

Approved October 8, 1895. 


DRUNKENNESS. 


\ ~ 
AN ORDINANCE punishing drunkenness in the city of 
Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. Whoever shall be found guilty of drunkenness in the 
city of Louisville shall be fined not less than five nor more than 
twenty dollars for each offense. 

§ 2. That, in addition to imposing a fine, the Police Court 
may hola the offender to bail in a sum not exceeding one 
thousand dollars to keep the peace, or be of good behavior for 
any length of time not exceeding one year. 

§ 3. Should the offender fail to give bond, or fail to pay 
the fine, he shall be forthwith committed to the city work-house, 
and shall be kept in custody until bail shall be given, or until 
the time fixed by judgment shall have expired, and the fine be 
paid or satisfied by labor, as provided by law. 

§ 4. All ordinances in conflict herewith are hereby re- 
pealed. 

§ 5. This ordinance shall take effect from its publication. 

Approved July 18, 1896. 


ace > 


ELECTRIC PLANTS AND WIRING. 939 





ELECTRIC PLANTS AND WIRING. 


AN ORDINANGE concerning the installation and supervision 
of electric plants, machinery, appliances, wiring and ap- 
paratus in the city of Louisville. 


Be it ordained by the General Council of the city of Louisille: 


§ 1. That all installments of electric plants, machinery, 
apphances, wiring, and apparatus in any house, building or 
other structure in the city of Louisville for the generation or 
utilization of electricity for light or power shall be constructed 
and installed in conformity to the rules, regulations and require- 
ments of the National Electrical Code of the National Board 
of Fire Underwriters for the installation of electric wiring and 
apparatus, and of the future modifications of said code, a copy 
of which is filed and shall be kept on file in the office of the 
Board of Public Safety. 

§ 2. That there shall be appointed by the Mayor a qualified 
electrician, whose duty it shall be to inspect all premises where 
electric plants, machinery, appliances, wiring and apparatus 
for light or power shall be located, or where the location of the 
same may be proposed, to issue permits for the installation or 
use of electric plants, machinery, appliances, wiring and ap- 
paratus for light or power in the city of Louisville, and to issue 
certificates afterward that such installations are in accordance 
with the rules, regulations and requirements of said National 
Electrical Code. 

§ 3. That the construction of any electric plant, machinery, 
appliance, wiring or apparatus, or the installation of the same 
for light or power shall not be commenced in any house, build- 
ing or other structure in the city of Louisville until a permit has 
been issued therefor by the electrical inspector, and no electrical 
current or currents shall be put in use in such installation until 
a certificate shall have been issued by the electrical inspector 
stating that the installation is in full compliance with the rules, 
regulations and requirements of said National Electrical Code, 
nor until a permit has been issued by said inspector for the use 
of electrical currents in said installation. 

§ 4. It shall be the duty of electrical inspector, under the 
direction of the Board of Public Safety, to inspect or cause to be 
inspected, all premises, houses, buildings or other structures in 
the city of Louisville, when in course of construction or erection, 
to see that the electric plants, machinery, appliances, wiring, 
or apparatus for light or power therein conform to the rules, 
regulations and requirements of said National Electrical Code. 


240 ELECTRIC PLANTS AND WIRING. 


ras 





It shall further be the duty of said inspector during reason- 
able hours, on application to him by the owner or occupant, or 
by the Louisville Board of Fire Underwriters, or upon the com- 
plaint under oath of any reputable citizen, to inspect or cause to 
be inspected any premises, house, building or other struc- 
ture, wherein is located any electrical plant, machinery, 
appliance, wiring or apparatus for light or power, and to ex- 
amine the same to ascertain whether or not such plant, ma- 
chinery, appliance, wiring or apparatus has been constructed or 
installed in conformity to the rules, regulations and require- 
ments of said National Electrical Code, or at the time of said 
inspection conforms to said code, or is dangerous or defective 
in any manner; and wherever such plant, machinery, appliance, 
wiring, or apparatus shall be found to be dangerous or defective, 
it shall be the duty of the owner or occupant of such premises, 
house, building or other structure, upon written notice by said 
inspector, to remedy within a reasonable time, to be fixed in 
said notice, the said defect or dangerous condition and to con- 
form to the rules, regulations and requirements of said National 
Electrical Code, in such manner as shall be directed by said in- 
spector and under his supervision. 


Provided, that if such owner or occupant, or the agent of 
either, shall within five days from the date of the service or re- 
ceipt of such notice from said inspector, protest in writing 
against any required improvement or change, and shall deposit 
with the City Treasurer the sum of twenty ($20) dollars, to 
cover the expense of re-examination, it shall be the duty of the 
Board of Public Safety to designate two additional electricians 
together with said electrical inspector to make a re-examination, 
and if the Board of Public Safety approve a decision against the 
protestant, the said board shall cause said protestant or his 
agent to be notified of the decision, and the work ordered by the 
inspector aforesaid shall be commenced within five days after 
the receipt or service of said notice, and be completed within a 
reasonable time. Should the owner or occupant, or the agent of 
either, neglect or refuse to comply with the notice of said in- 
spector or of said board in case a protest is filed as aforesaid, it 
shall then be the duty of said inspector to report said neglect 
or refusal to said board, and for each violation of any provision 
of this ordinance by the owner or occupant of any premises, 
house, building, or other structure, or the agent of either, he 
shall be subject to a fine of ten ($10) dollars, and each day 
such installation is used or operated in violation of any provision 
of this ordinance shall constitute a separate offense. 


§ 5. That the annual salary of said electrical inspector shall 
be $1,500, to be paid in monthly installments. 


EMBALMING. O44: 








is 


§ 6. That this ordinance shall not apply to the electrical 
plants, machinery, appliance, wiring or apparatus for the gener- 
ation or utilization of electricity for light or power owned or 
operated in the city of Louisville by any street car company or 
any railroad company using electricity for motive power. 

§ 7. That this ordinance shall take effect from and after its 
passage. 

Approved August 24, 1904 . 


EMBALMING. 


AN ORDINANCE relating to the practice of embalming in the 
city of Louisville. 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. That for the better protection of life and health, and 
to prevent the spread of contagious diseases, there is hereby es- 
tablished and created a board to be known as the ‘““Embalming 
Board of Louisville, Kentucky.” Said board shall consist of the 
president of the Board of Public Safety, the Health Officer, the 
Jefferson county referee of the State Board of Health, the Cor- 
oner of Jefferson county, and one embalmer, who has had not 
less than five years’ experience, to ‘be selected by the embalmers 
of the city of Louisville. Each member shall serve during his 
official term of office, and be succeeded by his successor in office. 
The embalmer of this board shall serve two years, when his suc- 
cessor shall be named by the embalmers of the city. The Health 
Officer shall be chairman of said board. 

§ 2. The said board shall from time to time adopt rules, 
regulations, and by-laws, not inconsistent with the laws of the 
State, or of the United States, whereby the performance of the 
duties of said board and the practice of embalming of dead 
human bodies shall be regulated. 

The said board shall meet once in each year, and may meet 
as often as the proper and efficient discharge of its duties shall 
require or the health officer may suggest. 

§ 3. From and after the passage of this ordinance, every 
person now engaged or hereafter desiring to engage in the prac- 
tice of embalming dead human bodies, within the city of Louis- 
ville, shall make written application to said “embalning board” 
of the city for a permit to practice embalming, whereupon the 
applicant shall present himself or herself before said board at 
a time and place to be fixed by said board, and if the board shall 


9249 EXECUTIVE BOARDS—COUNCIL MEETINGS. 


find upon due examination that the applicant is of good moral 
character, possessed of skill and knowledge of said art of em- 
balming, ‘and of the care and disposition of the dead, the said 
board shall register such applicant as a duly qualified embalmer, 
and issue to such applicant a permit, which shall be signed by 
the health oflicer and at least two other members of said board. 
and be attested by the seal of the Health Department; and shall 
entitle the person named therein to practice the art of embalm- 
ing in the city of Louisville. 

§ 4. On and after June 1, 1898, it shall be unlawful for any 
person, not a registered embalmer, to practice the art of em- 
balming in the city of Louisville, unless said person is a regis- 
tered and licensed embalmer, within the meaning of this ordi- 
nance. 

§ 5. Any person who shall practice, or hold himself or her-. 
self out as practicing the art of embalming in the city of Louis- 
ville, without having complied with the provisions of this ordi-- 
nance, shall be guilty of a misdemeanor, and upon conviction 
thereof before the city court, shall be fined in a sum not less 
than fifty nor more than one hundred dollars for each offense. 

§ 6. This ordinance shall take effect from and after its pas- 
sage. 

Approved May 10, 1898. 


EXECUTIVE BOARDS—COUNCIL MEETINGS. 


AN ORDINANCE requiring the attendance of two members: 
of the executive boards of the city of Louisville at every 
meeting of the General Council, namely, one member of 
the Board of Public Safety and one member of the Board of 
Public Works. 


WHEREAS, By section 45, of “An act for the government 
of cities of the first class,”’ approved July 1, 1893, “one member: 
of each board may be compelled to attend every meeting of the 
General Council,” meaning one member of the Board of Public 
Safety and one member of the Board of Public Works, and the 
members of said two boards have failed, and do fail and refuse. 
to comply with the provisions of said ‘section 45 of said act ; 
therefore, 


Be it ordained by the General Council of the city of Louisville: 


$ 1. That on the day before any meeting of the General 


EXECUTIVE AND MINISTERIAL OFFICERS. 948 








Council of the city of Louisville, it shall be the duty of the Board 
of Public Safety and the board of Public Works to notify, in 
writing, the clerk of the Board of Aldermen and the clerk of the 
Board of Councilmen which one of the members of each of 
said executive boards will attend the ensuing meeting of the 
General Council. 

§ 2. For any failure of one member from the Board of Pub- 

lic Safety and one member from the Board of Public Works to 
attend every meetine of the General Council there shall be de- 
ducted from the pay and salary of each and every member of 
said Board of Public Safety and said Board of Public Works the 
sum of twenty ($20) dollars. 
- § 38. The clerks of the two boards of the General Council 
shall notify the Comptroller of*the city of Louisville of each of 
such failures on the part of one member of each of the said ex- 
ecutive boards to attend every meeting, and said Comptroller 
shall deduct the said sum above mentioned from the salary and 
pay of each member of said executive boards, and shall not 
register the pay-rolls of said members without said deduction, 
nor shall same be passed or allowed by the General Council, 
when said deduction should be made, unless the said deduc- 
tion appears to have been made on said pay-rolls. 

§ 4. This ordinance shall take effect from and after its pub- 
lication. 

Approved June 25, 1897. 


EXECUTIVE AND MINISTERIAL OFFICERS—REGULATE 
THE TRIAL OF. 


AN ORDINANCE to regulate the trial of executive and min- 
isterial otficers of the city of Louisville, by and before the 
Board of Aldermen of said city, where charges are preferred 
against such officers by the Mayor of said city, or two mem- 
bers of the Board of Councilmen of said city, or as against 


the Mayor of said city by the Board of Councilmen of said 
city. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That in order to carry out and effectuate section 19 of 
an act of the General Assembly entitled, “An act for the gov- 
ernment of cities of the first class,” approved July 1, 1893, com- 
monly called the City Charter, whenever written charges with 


4 EXECUTIVE AND MINISTERIAL OFFICERS. 








specifications, duly signed, shall be preferred to the Board of 
Aldermen by the Mayor of said city, or any two Councilmen of 
said city, against executive or ministerial officers of said city,. 
unless otherwise provided for by law, or against the Mayor of 
said city by the Board of Councilmen of said city, the said Board 
of Aldermen of said city shall at once, or within five days there- 
after, proceed to organize itself into a court for the trial of said 
charges and specifications, by taking the oath of oftice required 
by law. The president of said Board of Aldermen and the regu- 
lar clerk of said board shall act as presiding judge and clerk of 
said court, unless and until otherwise determined by a majority 
of said board, but they shall take proper oaths of office as such. 

§ 2. Assoon as said board shall have organized as a court, as- 
required in preceding section, said charges and specifications 
shall be read aloud, in open court, and the person or persons. 
charged may enter appearance, or except to the sufficiency of 
said charges and specifications, specifically’ pointing out the 
charge and specifications excepted to, or they may file an answer 
making such defense as they deem best. If no appearance is 
entered at said reading of charges and specifications, then the 
clerk of said court shall issue a notice, directed to person or per- 
sons charged, warning them or him to appear and make defense 
against such charges and specifications at the next sitting of said 
court, not occurring earlier than five days after the service of 
said notice. The case shall be docketed in substance as follows: 

The Commonwealth of Kentucky by............. relators 
aPaINS heh er eee, , defendants, (stating the names of the 
relators and the defendants). The notice for the defendants. 
above provided for may be served by the sheriff of the county, 
or any deputy, or policeman, or any person designated by the 
clerk of said court; but if any person so accused shall avoid 
service of process, then the same may be left at his residence, or 
if he or they shall leave the city or State, the case may be pro-- 
ceeded with as if actual service had been made. 

§ 3. On appearance to said action, or after service of said 
notice, or leaving the city or State, such person or persons so- 
charged may appear before said court in person, or by counsel, 


or both, and may except or plead, as hereinbefore provided. If 


exceptions are sustained by a vote of a majority of the court to 
all the charges and specifications, then the proceedings shall be 
deemed terminated, but if such exceptions are overruled as to- 
any charge and specification, then the trial shall proceed upon 
such charges and specifications as are determined by the court to 
be good and sufficient. Whether any defense be made or not, 
the relators in such matter shall cause evidence to be introduced, 
and may be assisted therein by the City Attorney, and other 
counsel, or both, in support of said charges and specifications,. 


EXECUTIVE AND MINISTERIAL OFFICERS. 245» 











and then the defendant in such proceeding may introduce evi- 
dence in his behalf, unless the court shall have previously deter- 
mined by a majority vote that the evidence introduced by the 
prosecution is not sufficient to sustain any charge or specifica- 
tion. In receiving the evidence, the court shall be guided 
by the rules of evidence prevailing i in the courts of this State. 

At the conclusion of such evidence for both parties, in 
chief and in rebuttal, counsel for either side may be heard in: 
argument, and then the room shall be cleared of all persons ex- 
cept the members of said court and ‘its clerk, when the matters 
heard before said court shall be voted upon by a vwa voce vote 
on the eall of the roll by said clerk, and such vote taken on each 
charge and specification separately, upon which a trial has been 
had, and all taken down and recorded by the clerk of the said 
court, and if at the end of said vote it shall be found that any 
substantial charge or specification has been sustained, and the 
defendant found guilty by two-thirds of the members of said 
court, then said court shall proceed to enter its conclusions of 
record, together with a judgment evicting the defendant or de- 
fendants from office. 

§ 4. No member of said Board of Aldermen, after the same 
has been organized into a court, shall voluntarily absent himself 
from any sitting of said court, or leave said court while in ses- 
sion, or refrain from voting when called on to do so, under a 
penalty of twenty ($20) dollars for each offense, which may be 
recovered by ordinance warrant before the police court of the 
city of Louisville. 

§ 5. The clerk of said court is hereby authorized to issue 
subpoenas for witnesses, and subpcenas duces tecum for needed 
papers and documents of a public nature to the persons having 
such in charge. Said subpcenas may be served by the sheriff 
of the county, or any deputy, or a patrolman, or by such person 
as may be designated by said clerk to serve the same. If any 
witness shall fail to attend in obedience to such subpcena, or de- 
part without leave of court, or avoid service of such subpcena, or, 
being in attendance, shall refuse to be sworn, or refuse to answer 
proper questions propounded to him, then such witness shall be 
deemed guilty of contempt of court and liable to be fined in any 
amount not less than five dollars nor more than twenty-five dol- 
lars, which may be recovered by ordinance warrant for every 
such offense before the police court of said city. 

If such witness be an officer of the city, or any of its depart- 
ments, or an employe thereof, drawing a salary or wages from: 
the city treasury, and shall offend as herein pointed out, then 
his office or employment shall cease, and no future claim for 
salary, wages, or compensation shall be allowed or paid out of 
the treasury. 


248 EXECUTIVE AND MINISTERIAL OFFICERS 


§ 6. Said court is hereby authorized to appoint one of the 
othicial stenographic reporters of the Jefferson circuit court as 
assistant clerk of said Board of Aldermen. If such stenographic 
reporter be so appointed he shall take the proper oath of office 
and attend at all meetings of said court, and take down notes of 
all its proceedings in short hand, including a record of all the 
evidence taken and votes by yeas and nays, and all objections 
made and exceptions taken by either party and make three type- 
written copies thereof, one for the use of the court, and one for 
the use of each party. At each meeting this journal of the 
preceding meetings shall be read in open court and-:approved 
and signed by the presiding judge, after correction by order of 
court, if needs be, and for his services in that behalf said assist- 
ant clerk shall be entitled to same compensation as for like 
services rendered in said circuit court, to be paid by the city of 
Louisville. 

At all meetings of said court where two-thirds of all members 
of said Board of Aldermen are in attendance, that number shall 
be deemed a quorum to proceed with the trial. Absentees at any 
sitting may, after reading the records of the proceedings herein- 
before provided for, and declaring in open court such reading, 
resume their sitting, and continue to take part in the trial. Said 
court may, at discretion, allow all reasonable ainendments to 
charges and specifications, as well as to exceptions or answers, 
and at like discretion may allow postponement upon grounds 
in writing filed, verified by oath, but not beyond a day at a time 
after the trial has actually begun. 

§ 7. Said court may appoint an officer for said court to keep 
order during its sessions, to be styled “bailiff,” who shall attend 
its sittings and preserve order and decorum, subject to the orders 
of said court, and remove from the room any disorderly person 
or persons disturbing the court proceedings, and for that purpose 
may Summon assistance from among bystanders, whose duty it 
shall be to obey such summons. Said bailiff shall be a person 
resident and legal voter in and for said city, of discretion and 
good character for sobriety and good demeanor, and shall take 
an oath before entering on the duties of office such as is admin- 
istered to sheriffs, and he shall have power to execute the notices, 
subpeenas, and other process of said court, and shall be paid for 
his services by the city of Louisville at the same rate as sheriffs 
are paid for services in the circuit courts of this State. 

S 8. All matters, points, and questions arising during said 
trial shall be decided by a majority vote, and any three members 
of said court may demand a yea and nay recorded vote, except, 
however, the final vote on said charges and specifications, in 


EXPOSURE OF PERSON, FAST DRIVING. oA® 





which a vote of at least eight members of said court shall be 
necessary to sustain any charge or specification. 
Approved July 16, 1896. 


EXPOSURE OF PERSON. 
AN ORDINANCE in relation to exposure of person. 
Be it ordained by the General Council of the city of Lowsville: 


§ 1. That any person who shall expose his or her person 
indecently, or cause any person to do so, within the city lmits, 
shall be fined one hundred dollars for each offense. 

§ 2. That, in addition to imposing a fine, the police court 
may hold the offender for bail in a sum not exceeding one thou- 
sand dollars, to be for said offender’s good behavior for any 
length of time not exceeding one year. 

§ 3. Should the offender fail to pay the fine or fail to give 
bond, he or she shall forthwith be committed to the city work- 
house, to be kept in custody until bail be given, or until the 
time fixed by the judge expires, and the fine be paid or satsified 
by labor, as provided by law. 

§ 4. All ordinances in conflict with this are hereby repealed. 

§ 5. This ordinance shall take effect from and after its pub- 
leation. 

Approved July 18, 1898. 


FAST DRIVING. 


AN ORDINANCE punishing fast driving in the city of 
Louisville. 


Beit ordained by the General Council of the city of Louisville: 


§ 1. No person shall ride of drive a horse or animal in a 
street or alley in the city of Louisville at a rate faster than six 
miles an hour. 

§ 2. No person shall ride or drive.a horse or other animal, 
whether attached to a vehicle or not, otherwise than at a walk 
while turning a street corner or driving across any intersection 
of a street in the city of Louisville. 

§ 3. No person shall drive any loaded vehicle which is not 
on springs at a gait other than a walk over any of the streets or 


DAS FIRE ALARM TELEGRAPH, 





alleys of the city. Provided, that unloaded vehicles not on 
springs may drive at a rate not exceeding five miles an hour. 

§ 4. No person shall drive a horse or other animal attached 
to any vehicle with springs at a greater rate of speed than six 
miles an hour upon any of the streets or alleys of the city. 

§ 5. The provisions of this ordinance shall not apply to any 
animals or vehicles of the Police and Fire Departments of the 
«ity of Louisville, or the Salvage Corps, when in active service. 

§ 6 Any person violating any of the provisions of this or- 
<dinance shall pay a fine of not less than three dollars nor more 
than ten dollars for each offense. 

§ 7. This ordinance shall take effect from its passage. 

Approved October 8, 1895. 


FIRE ALARM TELEGRAP. 


AN ORDINANCE to protect the Fire Alarm Telegraph of the 
city of Louisville. 


Whoever shall willfully and improperly interfere with, de- 
face, destroy, or injure the Fire Alarm Telegraph, or any part 
thereof, or any of its appurtenances, or shall unlawfully do any- 
thing to the same so as to prevent or delay or with a view to 
prevent or delay the proper and timely use thereof, shall for 
each offense, be fined not less than $25 nor more than $100. It 
shall be unlawful for any one to open any of the signal boxes, 
except with the keys furnished by the superintendent of the 
Fire Alarm Telegraph; and whoever shall violate the provisions 
of this section shall be fined, for each offense, not less than $5 
nor more than $25. It shall be unlawful for any one not au- 
thorized thereto by the properly constituted city authorities to 
have made, or use, or keep any key with which to open at any 
time any of the signal boxes; and for a violation of any of the 
provisions of this section, the party offending shall be fined not 
less than $25 nor more than $100 for each offense. Parties 
fined under any of the provisions of either of the sections of 
this ordinance shall be confined in the city work-house until 
said fine shall be paid, as provided and a by the city 
¢charter. 

Approved May 31, 1865. 


FIRE ARMS AND FIREWORKS. 949 





FIREARMS AND FIREWORKS. 


AN ORDINANCE against discharging Fire Arms and Fire 
Works in any public place in the city of Louisville. 


Any person who shall discharge a gun, pistol, or other fire- 
arms, or any person who shall set off a squib, cracker or other 
fire-works, in any public place, or send up a paper balloon or 
skyrocket, or throw a fire-ball within the city, shall be fined 
four dollars. 

Approved November 17, 1854. 


FIREMEN’S ASSOCIATION, VETERAN. 


AN ORDINANCE concerning the Veteran Firemen’s Associa- 
tion of the city of Louisville. 


Beit ordained by the General Council of the city of Lowisville: 


§ 1. That in order to aid in the maintenance of the Veteran 
Firemen’s Home, on First Street, between Jefferson and Green 
streets, in the city of Louisville, there shall be paid to the presi- 
dent of the Veteran Firemen’s Association, monthly, for the 
eurrent expenses of maintaining said home, out of the funds 
appropriated for incidental expenses not exceeding the sum of 
seventy-five dollars. 

§ 2. That it shall be the duty of the Board of Public Safety 
to make up and certify on a pay-roll each month the claim for 
the items of expense for said home, verified under the oath of 
the president of said association, which claim shall then be reg- 
istered by the Comptroller and allowed by the General Council, 
as required by law in cases of other claims against the city. 

§ 3. That this ordinance shall take effect from its passage. 

Approved July 2, 1900. 


FIRE ESCAPES. 


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FIRE ESCAPES... 


AN ORDINANCE concerning the erection and maintenance of 
fire-escapes on public and private buildings in the city of 
Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That all fire-escapes of every character, now erected 
or hereafter to be erected in said city, shall be under the direc- 
tion and control of the inspector of buildings and his deputies; 
and in conformity with the sections of this ordinance. 

§ 2. All buildings occupied by any person or persons, or in 
which any person or persons shall be employed or assemble 
(except such as are used as private residences exclusively), of 
three or more stories in height, shall be provided with one or 
more permanent approved fire-escapes when ordered by the in- 
spector or his deputies, and the escapes must be in such number, 
and constructed and located in such manner, as directed in said 
notice or order. 

§ 3. All fire-escapes shall extend from the second floor to 
the top of the building, and the second floor balcony must be 
connected with the ground with swinging steps, or some de- 
vice approved by the inspector or his deputies. 

§ 4. The inspector or his deputies shall inspect all fire- 
escapes as often as may be necessary, and see that they are kept 
in good repair. If on inspection it is found that any fire- 
escape is in bad repair or unsafe, the inspector shall imme- 
diately cause to be served a notice, as set forth in section 9 of 
this ordinance. 

§ 5. No obstruction shall be placed on the balcony or steps 
of any fire-escape, and the passage-ways and windows leading 
to fire-escapes must be kept clear and unobstructed at all times. 

§ 6. In all buildings-—-to which a fire-escape is attached— 
where people work, sleep, or assemble after dark, a red light 
must be displayed at night, at the entrance of each said fire- 
escapes. A sign not less than six by eighteen inches, marked 
“‘fire-escape’”’ in red letters, must be displayed at the entrance 
to all fire-escapes. 

§ 7. When in the opinion of the inspector or his deputies 
a fire-escape or fire-escapes should be erected on a building, as 
provided in this ordinance, he shall serve, either in person, by 
deputy, or a member of the Police Department of the city, a 
written or printed notice to the owner, if in the city, or his 
agent, lessee, or the occupant of such building if the owner re- 
sides outside or is absent from the city, notifying him or them 


FIRE ESCAPES. 251 








to erect such fire-escape or escapes as shall be required to be 
erected. 

§ 8. If the owner, after such notice to himself or agent, 
occupant, or lessee, as provided for in section 7 of this ordi- 
nance, fails for a period of thirty days after receiving such 
notice to comply with the same, he shall be lable to a fine of 
ten dollars for each day’s failure to comply with the same. 


§ 9. The inspector shall notify the owner, if in the city, or 
his agent, lessee, or the occupant of such building, if the owner 
resides outside, or is absent from the city, by a written or 
printed notice, served either in person or by deputy or a member 
of the Police Department, of any violation or anything neces- 
sary to carry out the requirements of this ordinance, and a 
failure on the part of the owner, after the execution ‘of such 
notice, to comply with the same within five days after the 
service of such notice, as aforesaid, shall subject him to a fine 
of five dollars for each day’s failure to comply therewith. The 
penalty defined in this section shall not apply to the provisions 
of sections 2, 3, 7, and 8 of this ordinance. 


§ 19. When requested by the inspector or his deputy, the 
owner, agent, lessee, or occupant of any building in the city of 
Louisville shall immediately furnish to the inspector of build- 
ings a written statement, giving the number of males and fe- 
males employed, gathered, or occupied on each floor of such 
building. 

$ 11. It shall be the duty of every person, firm, or corpora- 
tion doing business within the limits of the city of Louisville, 
who employ or permit persons to live in or occupy any building 
(except exclusively private residences), three or more stories 
in height, to notify in writing the inspector of buildings of the 
fact within thirty days after the passage of this ordinance, or 
within the same period after the occupancy of such building 
hereafter erected. A failure to comply with this section shall 
subject such person, firm, or corporation to a fine of not less 
than five dollars for each and every day any person or persons 
shall be emploved or permitted to live in or occupy such build- 
ing without such notice to the inspector of buildings. 


§ 12. Any owner, agent, occupant, or lessee of a building 
who, having been ordered by the inspector of buildings or his 
deputies to erect thereon or therein a fire-escape, shall have a 
right of appeal from such crder to the Board of Public Safety, 
provided said appeal shall be made within five days after the 
receipt of such order, and the decision of said Board of Public 
Safety in the matter shall be final. 


§ 15. All ordinances, or parts of ordinances, in conflict 
with this ordinance are hereby repealed. 


FIRE DEPARTMENT. 


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§ 14. This ordinance shall take effect from its passage. 

Approved . August 14, 1899. 

(Norr.—See Kentucky Statutes, Sec. 1830-82, Act of Feb- 
ruary 13, 1888.) 


FIRE DEPARTMENT. 


AN ORDINANCE concerning the Fire Department of the city 
of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§$ 1. That all officers, firemen, and employes of the Fire 
Departinent of the city of Louisville regularly on the pay-roll 
of said department may be granted, by order of the Board of 
Public Safety, leave of absence, in writing, over the signature 
of the chairman of said board, for two days of twenty-four 
hours each in each month, without loss of salary or pay, which 
leave may be given for alternate or consecutive days, as de- 
sired, in each month, and at such time in the month, and in 
such manner, as may be prescribed by said board, with the ap- 
proval of the chief engineer of said department: Provided, 
however, that no such leave shall ever be granted by said board 
to any officer or fireman of said department to be absent from 
his engine-house, company, or regular place of duty on any 
regular election day or primary election day in the city of 
Louisville, except for a period of not exceeding two hours, to go, 
dressed in his regular uniform, to his own precinct to cast his 
vote, if he so desires, and for no other purpose whatever; and. 
leaves of absence on such election day shall be so regulated by 
the chief engineer of said department, and the captain of each 
company, that not exceeding two members of any company 
shall be absent from their engine-house, company, or regular 
place of duty, at any one time to cast their votes as aforesaid ; 
and provided, further, that the leaves of absence for two days in 
each month herein provided for shall be so granted that not 
more than one officer or fireman from any one engine-house or 
company shall be absent at one time on such leave during any 
two days in any month. 

§ 2. That it shall be the duty of said board to keep a publie 
register of the leaves of absence granted under the provisions of 
this ordinance, giving the name of each officer or member of 
said department, engine-house, or company to which he belongs, 
or the rank of the officer, if not attached to any one company, 


FIRE DEPARTMENT. 253 


and the dates in each month the leaves of absence were granted 
to each, so that it shall be shown therein at any time on any 
examination of said register, which shall be open during office 
hours each day and subject to the inspection of any citizen or 
officer of the city, what officers or members of said department 
were absent on leave or have obtained leaves or absence, and 
the dates thereof, in each month. 

§ 5. That it shall be unlawful for the chief engineer, any 
assistant chief engineer, or any other officer, fireman, or mem- 
ber of the Fire Department of the city of Louisville to engage 
in electioneering or take any part in a regular or primary elec- 
tion held in the city of Louisville, except, while dressed in his ’ 
regular uniform, to attend at his own precinct to cast his vote 
as provided for in the first section of this ordinance; and any 
such oflicer, fireman, or member of said department who shall 
‘be absent on any day from his engine-house, company, or regu- 
lar place of duty, except upon a written leave of absence granted 
and delivered to him by said board for the two days allowed 
him in each month, or except, while dressed in his regular 
uniform, for the period of not exceeding two hours at his own 
precinct on a regular or primary election day, in the city of 
Louisville, for the purpose of casting his vote, shall be sub- 
jected to a fine of not less than tifty dollars nor more than one 
hundred dollars for each offense, and upon conviction of such 
‘offense in the police court of the city of Louisville, he shall be 
dismissed from further service in said department by said board, 
and shall not thereafter be appointed to any position in said 
department or placed upon the pay-roll thereof, or draw any 
compensation from the city for services in said department. 

§ 4. That the captain of each company shall keep a register 
of the names of each officer and fireman in his company, who 
shall go to his own precinct to cast his vote on any regular or 
primary election day, in the city of Louisville, whiclr shall show 
the hours in the day each officer or fireman of such company 
‘was absent on such day, and the number of the precinct and 
ward he attended for that purpose, and within two days after 
each regular election or primary election day, in the city of 
Louisville, the captain of each company shall file such register 
kept by him with the Board of Public Safety, which register 
shall be signed and verified under oath by him as true and cor- 
rect, and be subject at any time during the office hours of said 
board to the inspection of any citizen or officer of the city of 
Louisville. 

It shall be the duty of the chief engineer of said department 
to keep a register of the names of each of his assistant chief 
engineers or ‘aides to the said chief engineer; and of the chief 
operator of the fire alarm telegraph, to keep a register of the 


254 FIRE DEPARTMENT. 


names of each operator, line repairer, and batteryman under 
him or connected with the fire-alarm telegraph, who shall go to 
his own precinct to cast his vote on any regular or primary 
election day in the city of Louisville, and to file the same with 
said board in the same manner, and within the same time as 
is required by this section of ‘this ordinance of captains of 
companies. Any violation of this section of this ordinance by 
the chief engineer of said department, or by the captain of any 
fire-engine company, chemical engine company, hook and lad- 
der company, or water tower company, or by the chief operator 
of the fire alarm telegraph in said department, shall subject 
him to a fine of not less than fifty dollars nor more than one 
hundred dollars for each offense, and upon conviction for such 
offense in the police court of the city of Louisville, he shall be 
dismissed from further service in said department by said board 
and shall not thereafter be appointed to any position in said 
department, or be placed upon the pay-roll thereof, or draw any 
compensation from the city for services in said department. 

§ 5. ‘That it shall be the duty of the members of the Board 
of Public Safety to faithfully execute the provisions of this or- 
dinance, and if any member of the said board shall grant, or 
unite with any other member of said board in granting, a leave 
of absence to any officer or fireman of said department not al- 
lowed by the provisions of this ordinance, or shall fail or refuse 
to dismiss, or unite with any other member of said board in dis- 
missing any officer, fireman, or member of said department who 
has been convicted in the police court of the city of Louisville 
of violating any provision of this ordinance, or shall, after 
such conviction, place any such officer, fireman, or member of 
said department on the pay-roll of the Fire Department, or cer- 
tify that such convicted officer, fireman, or member of said de- 
partment is entitled to any compensation for services in said 
department from the city of Louisville, shall be subject to a fine 
not less than one hundred dollars for each offense. 

§ 6. That all ofdinances in conflict with this ordinance be 
and the same are hereby repealed. 

§ 7. That this ordinance shall take effect from and after its 
passage. 

Approved January 16, 1900. 


FIRE DEPARTMENT. Y5D 


FIRE DEPARTMENT. 


AN ORDINANCE providing for the government of a fire de- 
partment for the city of Louisville. 


Be it ordained by the General Council of the city of Lowsville: 


$1. That the Fire Department of the city of Louisville shall 
consist of no less than twenty engine companies, five hook and 
ladder companies, one water tower company, with such hose 
and reeis and fuel wagons as may be necessary to properly equip 
the same: also a repair shop to repair engine apparatus, etc.; 
also a fire alarm telegraph. 

§ 2. The qualifications for officers or employes of the Fire 
Department shall be the qualifications required by Section 105 
of the “Act for the government of cities of the first class,” ap- 
prov ed . July 1, 1898. 

§ 3. The chief fireman shall be appointed by the Board of 
Public Safety, and shall hold his office during the pleasure of 

said board. 

§ 4. All officers and employes of the Fire Department shall 
reside within as convenient distance of the stations of their 
respective companies as possible, and the duties assigned to them 
shall be strictly comphed with. 

§ 5. The chief fireman shall make a full and complete 
(pay-roll) report of the expenses of the Fire Department each 
month; said report shall be transmitted by him to the Board 
of Public Safetv, and by said Board of Public Safety to the 
Comptroller for registration and presentation to the General 
Council for allowance. Said (pay-roll) report shall be made 
and transmitted as soon as practicable after the close of each 
month, and shall embrace each and every expense incurred 
by the department curing the month for which it is made, 
sworn to by the Secretary of the I’ire Department, certified by 
the chief fireman aud «; proved by the Board of Public Saftey. 
The form of (pay-roll) report shall be the form provided by 
the Comptroller, and shall be supplied by the City Buyer upon 
proper requisition. In making up said (pay-roll) report the 
following svstem shall prevail, viz: 

One sheet shall be used for the chief fireman and his staff 
and the expenses of his office, one for the fire alarm telegraph 
corps, one for repair shop and expenses thereof, and one for 
each company. In each ease the officers or employes shall be 
entered jirst in the order of their rank, and, after aggregating 
the same, the miscellaneous expenses of said companies shall 
then be entered in detail and aggregation, and said pay-roll 


258 FIRE DEPARTMENT. 


report be sworn to by the captain of said company to the Secre- 
tary of the Tire Department. It shall be the duty of each 
captain of each company to make a sworn report at the close of 
each month to the Secretary, of exact time served during the 
month by members of his company; also a detailed statement 
showing the number of animals on hand on the first of each 
month on blanks prescribed by the Comptroller and furnished 
by the City Buyer on proper requisition. Also on the same 
blanks a complete inventory of all supplies and material om 
hand on the first of each month, and the Secretary of the Fire 
Department shall promptly price and extend each item on 
said blanks of materials and supplies, so as to obtain in dol- 
lars and cents the total amount of said inventories of each 
company. 


The Secretary shall also keep an account with each com- 
pany, and the machine shop, and charge to said accounts every 
item furnished each of said companies during each month after 
September 1, 1908. 

Said Secretary shall tabulate and show on said inventory 
sheets on October 1, 1908, the amount of the inventory of Oc- 
tober 1, 1908, the cost of all the items charged to each company 
during the previous month, the amount of the inventory of 
September 1. 1908, and the net quantity and cost of each item 
used by each company during September, 1908, and each 
monthly inventory thereafter shall give the same information 
for the preceding month. 

These monthly inventories shall be kept in the Board of 
Public Safety and entered upon a summary sheet. Said sum- 
mary sheet shall be so arranged as to show clearly the cost of 
maintenance of each company for each month. 

Each company will be put upon a competitive basis as far 
as may be practicable without impairing the efficiency of the 
department, and each captain will be held accountable for the » 
expenses and efficiency of his company, and the results ob- 
tained by each captain will be duly considered in making pro- 
motions. 

An annual inventory of all material and supplies, com- 
mencing September 1, 1908, will be taken of the machine shop 
on suitable sheets furnished by the City Buyer on proper 
requisition. Said inventory shall embrace every item in the 
repair shop and show the cost of same. One copy of this in- 
ventory will be kept by the Master Mechanic, one copy in the 
office of the Chief Fireman, and one copy in the office of the 
Board of Public Safety. 

§ 6. Neither the chief fireman, assistant chief fireman, cap- 
tains, secretary nor other officer or employe of the Fire De- 
partment shall be permitted to purchase or contract for any 


FIRE DEPARTMENT. 257 





article or thing whatever, for the use of said department, or to 
accept any article or service by which the city may become lia- 
ble, except as provided in Section 10 hereof. All animals, 
apparatus, equipment, forage, fuel or other articles or supplies- 
and repairs shall be obtained by requisition upon the City 
Buyer. Requisitions for companies’ supphes must be signed 
by the captains and approved by the assistant chief of the 
district and by the chief fireman; for telegraph  sup- 
ples by the chief telegraph operator, and approved 
by the chief fireman; for repair shop supplies, by the master me- 
chanic, and approved by the chief fireman; and for the office 
of the chief fireman, by the secretary, and approved by the 
chief fireman, and transmitted through the Board of Public: 
Safety, and with its approval, to the City Buyer, to be supplied. 
by him. 

§ 7. Any captain, clerk or other person whose duty it is. 
to make a pay-roll report, shall, for failure to include all of the- 
expenses for each month, for which the pay-roll report is made, 
or intended to be made, be reported by chief fireman to the- 
Board of Public Safety. 

§ 8. For intentionally making any false entry or state- 
ment upon any book, pay-roll, or report, in addition to the 
penalty now prescribed by law, such persons so making such 
false entry or statement may be charged therewith by the Mayor 
before the Board of Public Safety, and, if found guilty, be at 
once dismissed from the service by the Board of Public Safety,. 
and forever be incapacitated from holding any office or place im 
the Fire Department, or in any other department of the city. 

§ 9. The chief fireman shall be the superintendent of the- 
fire alarm telegraph; he shall see that the same is kept in: 
proper working order, and may, with the approval of the Board. 
of Public Safety, make such rules and regulations as may be: 
deemed necessary to secure the greatest efficiency and the proper 
government and protection thereof. 

§ 10. Th chief fireman and his assistants are hereby clothed 
with full police authority in all matters relating to the Fire De- 
partment, and should an occasion arise where the force of fire-- 
men on duty at a fire is inadequate to arrest the progress of 
such fire, protect life and property and maintain order, said 
chief fireman or his assistant who may be in command, may,,. 
for such occasion, employ additional force, and report the name 
or names of said person or persons so employed to the Board of 
Publie Safety for authority for payment; upon granting: such» 
authority their names shall be entered upon the pay-roll report 
of the company with which said person served for the month im 
which the service was performed; provided, however, nothing: 
herein shall be construed to be authority for the employment 


OER FIRE DEPARTMENT. 





of anyone to be paid by the city as a substitute for an absentee ; 
and, provided, further, that the amount allowed them does not 
exceed the pay of regular firemen. 

§ 11. The chief fireman and his assistants and captains are 
hereby authorized, and it shall be their duty ,to visit any house, 
yard or premises ‘wherein it is known or supposed that any 
‘character of stock, material or fixtures exist which may be dan- 
gerous in promoting fire; and upon examination thereof should 
any such danger be deemed to exist the chief fireman shall re- 
‘port the same in writing to the Board of Public Safety, and if 
said board shall also deem such danger to exist, it shall direct 
in writing the owner, or agent, or occupant of the premises 
containing such stock, material or fixtures to remove or alter 
‘the same in such manner as to remove such danger; and should 
the person so notified fail or refuse to so remove or alter same 
for five days after receiving said notice, he shall be fined’ in 
a sum of not less than ten nor more than fifty dollars, and each 
-day he fails or refuses so to do shall be a separate offense. 

§ 12. Each assistant chief fireman, in his respective district, 
shall see that each company is supplied with all things neces- 
‘sary to secure the greatest efficiency, and that the fire hydrants 
and cisterns are in order. and properly supplied with water. The 
headquarters of the assistant chief fireman shall be at such place 
“within his district and he shall have such office hours as the 
chief fireman may prescribe. 

§ 18. That all officers and firemen of the Fire Department 
of the city of Louisville, regularly on the pay-rolk of said de- 
partment, and whose duty requires them to be at their post day 
and night, be and they are hereby granted leave of absence for 
ten days in each year without loss of pay or salary, at such time 
in the year as the Board of Public Safety and the chief of said 
department may determine; in addition thereto all officers and 
firemen of said Fire Department regularly on the pay-roll of 
‘said department, and whose duty requires them to be at their 
‘post day and night, be and they are hereby granted leave of 
absence for three days of twenty-four hours in each month 
without loss of pay or salary, said leave to be given on alternate 
«or consecutive davs as desired in each month, and at such time 
in the month and in such manner as may be provided by and 
‘under the supervision of the Board of Public Safety and the 
chief of said department. 

The places of all firemen and officers who may be granted 
the ten days’ leave of absence as herein provided, may be filled 
by regularly appointed substitute firemen whose names shall 
be entered upon the monthly pay-roll of the company in which 
they serve for the actual time they so substitute, at the same 
compensation paid the men whose places they fill. 


FIRE DEPARTMENT. he 


mi thc 





That all of said officers and firemen be, and they are hereby, 
eranted, leave of absence for three days of twenty-four hours 
each, without loss of pay or salary, in the event of the death 
of a parent, child, wife, sister or brother of any such officer. or 
fireman. Said days are to count from the time of the death 
of such relative; this leave of absence shall not be granted in 
the event such relative die and be interred away from the city 
of Louisville, except such officer or fireman attend the funeral 
of such deceased relative. 

§ 14. That any fireman who shall be disabled from dis- 
charging his duties while on duty as a fireman in the Fire De- 
partment shall be entitled to his salary or per diem for a period 
not exceeding thirteen (13) weeks from the commencement of 
such injury. Should any fireman be so actually and totally 
disabled for a period longer than thirteen weeks, on proper 
written report signed by the captain of his company, the assist- 
ant chief of his district and the chief fireman, the General 
Council may, by resolution adopted monthly without invalidat- 
ing this ordinance, extend the limit of such disability to not 
exceeding eight months. And in all such cases the Board of 
Public Safety is hereby authorized and directed to place the 
name of such disabled fireman on the pay-rolls of the Fire De- 
partment as aforesaid. 


That at least once every week each disabled fireman shall 
file with the Board of Public Safety a certificate from his at- 
tending physician, should he have one, who shall be a reputa- 
ble, practicing physician of the city of Louisville, and also from 
one of the City Physicians designated by the Board of Public 
Safety, showing the continuance of his disability, which certifi- 

cate shall be attached to the Fire Department pay-rolls. 

§ 15. No company shall leave the city without the consent: 
of the chief firernan, and the Board of Public Safety, or the 
Mayor, nor shall any company attend any parade w ithout the 
consent of the Mayor or Board of Public Safety. 

§ 16. All members of the Fire Department, except the Sec- 
retary, shall be uniformed. The uniform shall consist of sack 
coat, dark blue cloth, with falling collar, four gilt buttons im 
front with letters F. D. thereon, skirt to extend half of the dis— 
tance from hip to bend of knees; said coat to be double-breated. 
for the officers and single-breasted for the other members of the 
department. There shall be trumpets on each side of the collar 
of an officer, four for the chief fireman, three for the assistant: 
chief fireman, two for the captains, said trumpets to be of gold! 
bullion; and a trumpet on each side of collar of the other mem- 
bers of the department, said trumpets to be of silver bullion. 
Of trousers of the same kind of cloth, with a gold cord on the 
outer seam for the chief and assistant chief fireman and cap- 


260 FIRE AND POLICE DEPARTMENTS. 


tains; a red cord for the other members; and of caps of the 
same kind of cloth, with square crown in front. The officers’ 
-eaps shall have gold wreaths with the word “chief fireman,” 
“assistant chief fireman’ and “captain” in gold letters in the 
center. The chief operator’s cap shall have a gold wreath en- 
-circling the initials ““F. A.C” in gold bullion. The caps of the 
other members of the Fire Alarm Corps shall have only the 
initials “F. A. C.” in silver bullion. The master mechanic’s 
shall have a gold wreath encircling the words “Master Me- 
‘chanic”’ in gold bullion. The caps of the employes of the repair 
shop shall have only the initials “R. $8.” in silver. The caps of all 
Other members of the department shall have metal cross trum- 
pets. All overcoats shall be the same as under coats, excepting 
‘the skirts shall extend to the knees. 

Substitute firemen shall uniform same as regular firemen. 

§ 17. All ordinances, or parts of ordinances, in conflict with 
this ordinance are hereby repealed; and this ordinance shall 
-shall take effect from and after its passage. 

Approved November 10, 1908. 


FIRE AND POLICE DEPARTMENTS. 


AN ORDINANCE to prevent the detailing of men from the 
Fire Department or Police Department to work that does 
not strictly pertain to said departments. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That hereafter it shall constitute a violation of the 
rules of said departments for any officer or officers from the 
Board of Public Works, Board of Public Safety, Fire Depart- 
ment, or Police Department to detail any of the men to work 
that does not strictly pertain to the duties of said departments, 
-as hereinafter provided. 

§ 2. Said officer or officers who may violate this ordinance 
by detailing men from either one of said departments to do- 
«carpenter’s, bricklayer’s, painter’s, plasterer’s, or any other kind 
of work that does not belong to the duties of an employe of 
-said departments, shall be found eullty of violating the rules 
of said departments, and be at once discharged by the Mayor 
-or the AES boards. 

§ 3. This ordinance shall only apply to awork, the cost of 
~which pre the sum of ten dollars. 


FIRE HYDRANTS. 261 





§ 4. This ordinance shall go into effect from and after its 
passage and publication. 
Approved June 138, 1898. 


FIRE HYDRANTS.. 


AN ORDINANCE regulating the use of fire hydrants, cisterns, 
valves, etc. 


Beit ordained by the General Council of the city of Louisville : 


§ 1. That it shall be unlawful for any person, except offi- 
cers and agents of the Louisville Fire Department, members of 
the Louisville Fire Department, or other persons especially 
designated by the city of Louisville, to open or close any valve 
of any water pipe, fire cistern, fire hydrant, or water plug. Any 
person violating the provisions of this ordinance shall, upon 
conviction, be fined not less than five dollars nor more than fif- 
teen dollars for each offense. 

§ 2. This ordinance shall take effect from and after its 
passage. 

Approved September 16, 1895. 


FIRE HYDRANTS. 
AN ORDINANCE concerning the erection of fire hydrants. 
Beit ordained by the General Council of the city of Louisville: 


§ 1. That, unless otherwise provided by the ordinance 
directing the work to be done, the erection of fire hydrants 
shall be done as hereinafter provided. 

§ 2. All hydrants to be first-class in workmanship and of 
the latest improved pattern, be provided with frost case, and 
must close with pressure, and to be of a kind that repairs may 
be made without disturbing the frost case or digging up of the 
streets or sidewalk paving. 

§ 3. The stand-pipe of four inch hydrants to be not less 
than five inches inside diameter, and on six inch hydrants shall 
not be less than six and one-half inches inside diameter, and be 
of sufficient length to allow four feet cover. 


262 FLOUR. 


§ 4. All four-inch hydrants shall be provided with one 
nozzle of the size to be determined by the chief of the Fire De- 
partment, and all six-inch hydrants shall be provided with two 
nozzles of the size to be determined by the chief of the Fire De- 
partment, with an independent shut-off to each nozzle. 

§ 5. All hydrants shall be connected with the water mains 
of the same size pipe (and of standard quality) as that of the 
stand-pipe of the hydrant, and said connection shall be subject 
to the approval of the chief engineer of the Louisville Water 
Company. 

§ 6. Kach hydrant shall be provided with a separate auxil- 
oe valve, which shall be placed in the pipe connection imme- 
diately in front of the hydrant. 

§ 7. The suffing-boxes and all bearings to be brass-lined, 
the valves and valve stems for the independent nozzle shut-offs 
to be bronze, and the entire hydrant shall be equal in all re- 
spects to the sample submitted by each bidder. 

§ 8. All hydrants shall be provided with proper openings in 
the mane -pipe so as when not in use the surplus water will be 
‘allowed to flow out of the stand-pipe of the hydrant to the sewer 
connection underneath or any other mode of drainage as may 
be approved by the Board of Public Works. 

§ 9. The contractor shall guarantee the faithful perform- 
ance of his contract according to this ordinance, and the hy- 
drants, material, and connections thereto shall be kept in good 
repair for a period of six years from the completion of the work 
and its acceptance by the Board of Public Works. 

§ 10. All ordinances in conflict herewith be and are hereby 
repealed. 

Approved July 1, 1895. 


FLOUR, SALE OF. 


AN ORDINANCE regulating the sale of flour by meen in the 
city of Louisville, Ky. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That hereafter no manufacturer, dealer in flour, firm, 
person or corporation shall sell or offer for sale in the city of 
Louisville any flour in barrels, half sacks, quarter sacks, eighth 
sacks, sixteenth sacks, thirt -second sacks, sixty-fourth sacks or 
any other size sack or ean ies before the number of pounds 
contained therein shall be plainly labeled or stamped thereon 
by printed words or figures at least one inch in height. 


FLOUR. 263 


§ 2. No manufacturer, dealer in flour, firm, person or cor- 
poration shall sell or offer for sale in the city of Louisville any 
package of flour which shall be stamped or labeled with a 
greater number of pounds than such package actually contains, 
as provided in this ordinance. 

§ 3. A barrel of flour shall consist of 196 pounds net; a half 
barrel of flour shall consist of 98 pounds net; a half barrel sack 
of flour shall consist of 96 pounds gross; a quarter barrel sack 
of flour shall consist of 48 pounds gross; an eighth barrel sack 
of flour shall consist of 24 pounds gross; a sixteenth barrel sack 
of flour shall consist of 12 pounds gross; a thirty-second barrel 
sack of flour shall! consist of 6 pounds gross; and a sixty-fourth 
barrel sack of flour shall consist of 3 pounds gross, ete. 

§ 4. That any manufacturer, dealer in flour, firm, person 
or corporation who shall violate any of the provisions of this 
ordinance shall be fined for each offense not less than five (5) 
dollars nor exceeding fifty (50) dollars. 

§ 5. All ordinances or parts of ordinances in conflict here- 
with are hereby repealed. 

§ 6. This ordinance shall take effect sixty (60) days after 
its passage. 





The foregoing ordinance having been presented to the 
Mayor, and having been withheld by him beyond the day of 
the next regular meeting of the General Council on August 11, 
1909, and more than three days having intervened between the 
presentation to the Mayor and said meeting, and the General 
Council having actually met on said day, the same became ob- 
ligatory as if signed by him, according to Section 2795, Ken- 
tucky Statutes, and takes effect according to the last section 
of said ordinanee, sixty days from the passage of said ordinance, 
and said ordinance having passed the Board of Aldermen on 
July 26, 1909, and the Board of Councilmen August 2, 1909, 
said ordinance therefore takes effect on and after October 1, 


1909. 
JOE D. BRADBURN, C. B. A. 
C. B. NORDEMAN, C. B. C. 


264 FOOD. 


FOOD. 
Fresh Meats. 


AN ORDINANCE to regulate the retailing of fresh meats in 
the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


S 1. That hereafter it shall be unlawful for any person to 
sell, at retail, beef, mutton, veal, or lamb, in the city of Louis- 
ville, except in a regular licensed market-house or in a green 
grocery. 

§ 2. Any one violating this ordinance shall be punished by 
a fine of not less than five dollars nor more than twenty dollars 
for each offense. 

Approved October 8, 1895 


FOOD. 
Protection of Slaughtered Meats. 


AN ORDINANCE for protecting slaughtered meats in the 
city of Louisville from contamination from dust, dirt, flies, 
etc., and for the preservation of a healthy and safe condi- 
tion of animals intended for slaughter. 


Beit ordained by the General Council of the city of Lowisville: 


§ 1. No person shall carry or transport through any street, 
alley or thoroughfare the carcass or meat of any cattle, sheep, 
swine, fish, fowl, or poultry used for human food except it be 
covered so as to be thoroughly protected from dust, dirt, flies, 
etc. 

§ 2. No person shall permit the carcass, body or meat 
of any cattle, sheep, swine, fish, fowl or poultry to lie or hang 
or be offered for sale outside of any market or similar place or 
in any open window or doorway or upon any sidewalk or street 
or thoroughfare. 

§ 3. No person shall keep any cattle, sheep, swine, game, 
fowl, or poultry in any place in which water, food and ventila- 
tion are not sufficient for the preservation of a healthy and 
safe condition. 


FOOD. 265 








§ 4. Any person violating any provision of this ordinance 
shall be fined not less than $5.00 nor more than $20.00 for each 
offense. 

§ 5. All ordinances and parts of ordinances in conflict here- 


with are hereby repealed. 
§ 6. This ordinance shall take effect from and after its pas- 


sage. 
Approved August 18, 1908. 


FOOD. 
Transportation of Slaughtered Meats Through the Streets. 


AN ORDINANCE preventing the transportation of slaughtered 
meats through the streets of the city of Louisville without 
being properly protected from dust and flies. 


Beit ordained by the General Council of the city of Lowisville: 


§ 1. That it shall be unlawful to carry or transport through 
the streets of the city of Louisville any slaughtered beef, lamb, 
veal or hogs, or any other animal used for human food without 
the same is carefully covered and safely protected from dust 
and flies. 

§ 2. That any person who shall violate this ordinance shall 
be subject to a fine of not less than five nor more than twenty 
dollars for each offense. 

§ 3. That this ordanance shall take effect from its passage. 

Approved March 2, 1908. 


FOOD. 
Unwholesome. 
AN ORDINANCE concerning the sale of unwholesome food 
in the city of Louisville. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. No person shall bring into the city, or sell or offer for 
sale in any market, public or private, any cattle, sheep, hog, or 
lamb for slaughtering purposes that are pregnant or in an un- 


286 FOOD. 


healthy or unsound condition, nor any meat, fish, game, or 
poultry that is diseased, unsound, or unwholesome, or that for 
any other reason is judged to be unfit for human food (the fact 
of any cattle, sheep, hog, or lamb being in any stock-yard or 
slaughter-house pen shall be considered that the same is being 
exposed there for sale) ; and the fact that any carcass or part 
thereof of any cattle, sheep, hog, or lamb is found in any 
slaughter-house or any public or private market or place, 
dressed and prepared as such meats usually are for market, shall 
be deemed sufficient evidence that the same is on sale; and no 
animal nor any, part thereof, nor any fish, game, or poultry 
that has been inspected and condemned by the Board of Health 
or any of its officers, shall be held, sold or offered for sale for 
human food in tnis city. 

§ 2. No person or persons shall buy or offer to buy for 
slaughtering purposes, in any stock-yard, street, or alley, or in 
any market, public or private, in this city, any cattle, hogs, 
sheep, or lambs that are pregnant, or in an unhealthy or un- 
sound condition. 

§ 3. No animal of any kind shall be slaughtered, dressed or 
hung, nor part of the meat thereof, wholly or in part, within 
any street, avenue, or sidewalk, or public alley or place in this 
city. 

S 4. Nor shall! any animal be slaughtered while in a fever- 
ish or overheated condition, and the meat of any such animal 
He not be held, sold, nor offered for sale for human food in 
this city. 

§ 5.No person shall bring into this city, or sell, or offer for 
sale, any cattle unfit for use, or cattle which have been exposed 
to or liable to communicate the “cattle disease,” nor the meat, 
nor milk of any such cattle. All such cattle, meat, and milk 
shall be confiscated and destroved. 

§ 6. No cased, blown, raised, plaited, putrid, impure, or 
unhealthy, or unwholesome meat, nor the meat of any animal 
that may have died of disease or accident, or fish, birds, or 
fowl, shall be held, bought, sold, or offered for sale for human 
food in this city. 

§ 7. No calf, pig, or lamb, nor the meat thereof, shall be 
bought, sold, or offered for sale for human food in this city 
which, when killed, was less than one month old. 

§ 8. No cattle shall be kept in any place of which the water, 
ventilation, and food is not sufficient and wholesome for the 
preservation of their health and good condition for food. 

§ 9. Fish shall not be cleansed of their scales or entrails in 
any public market where they may be offered for sale. 

§ 10. No person shall bring or send into this city for sale 
any milk without a permit to do so from the Board of Health, 


FOOD—LIVE STOCK INSPECTOR. 267 








such permit to be furnished gratuitously by said board to all 
applicants on condition that none but pure and undiluted milk 
be sold within the city limits, and subject to the approval of the 
health officer. 

§ 11. All milk wagons shall have the name of the owner 
and the number of the wagon painted thereon plainly and 
legibly. 

§ 12. All grocers, bakers, and other persons having or 
offering for sale milk shall at all times keep the name or names 
of the dairymen from whom the milk for sale was obtained 
posted up in a conspicuous place wherever such milk may be 
sold or kept for sale. 

§ 13. No person shall offer or have for sale in this city any 
unwholesome, watered, or adulterated milk, or milk known as 
swill milk, or milk from cows that for the most part are kept 
tied up in stables, or that are fed on garbage, swill, or other 
like deleterious substances, nor any butter or cheese made from 
such milk. 

§$ 14. No person shall sell, hold, or offer for sale, or bring 
into the city any decayed or damaged vegetables or fruits. 

§ 15. Any person or persons violating the provisions of any 
section of this ordinance, on conviction thereof, shall be 
deemed guilty of a misdemeanor, and shall be fined for each 
offense not less than twenty dollars nor more than one hundred 
dollars in the city court. 

Approved October 18, 1870. 


FOOD UNFIT FOR USE. 
Live Stock Inspector—Election, Duties of and Salary. 


AN ORDINANCE concerning the inspection of live stock and 
meat offered as food in the city of Louisville. 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. That it shall be unlawful for any person, firm, or cor- 
poration to sell or offer for sale, or to have in his or their pos- 
session for sale, any cattle, sheep, hogs, or any other animal for 
ae which is diseased or in any wise unhealthy or unfit for 

ood. 

S$ 2. That it shall be the duty of the live stock inspector to 
condemn and have killed any and all diseased live stock held 
or offered for sale in the city of Louisville, and to deliver the 


ORS FOOD—LIVE STOCK INSPECTOR. 


carcasses of the same to the owner, or his agent, or to the dead 
animal contractor for disposition, as by law required. It shall 
furthermore be the duty of the said inspector to condemn and 
have delivered to the owner, or his agent, or the dead animal 
contractor for disposition, as by law required, any diseased, 
tainted, or unwholesome meat or animal flesh held or offered 
for sale for food in the city of Louisville. 

§ 3. Before condemnation of such animal or meat as pro- 
vided in the second section of this ordinance, the live stock in- 
spector shall give to the owner of the same, or to his agent, 
having the same in charge, notice of the time and place of the 
proposed inspection, and allow him a reasonable opportunity to 
be heard in the premises. The decision of the live stock in- 
spector shall be final in all cases. 


§ 4. 'There shall be set aside and maintained at the Bourbon 
Stock Yards, and all live stock yards in the city of Louisville, 
now or which may be hereafter established, at the expense of 
the owner of such yards, a quarantine pen of such size and con- 
struction as shall be prescribed or approved by the live stock 
inspector, which shall be provided with a suitable lock, in 
which pen shall be placed at once all animals failing to pass 
the inspection of the live stock inspector. 


§ 5. The live stock inspector, or his assistant, shall at once 
place in the ear of each animal condemned a numbered metal 
tag bearing the word ‘‘condemned,” which shall not be removed 
by the owner of such animal, or his agent, before the same is 
killed, as herein provided. 

§ 6. The live stock inspector shall keep a record of all 
animals condemned, which record shall show: First, the date 
of inspection ; second, the kind of animal; third, for whom the 
animal is inspected; fourth, a description of the animal; fifth, 
the cause of condemnation; sixth, the disposition of carcass; 
and shall file a monthly written report of his said inspections 
with the Health Officer of the city. 

§ 7. All animals found to be affected as follows, shall be 
condemned and their carcasses disposed of as required by law 
and the provisions of this ordinance: (1) hog cholera, (2) 
swine plague, (3) anthrax, or charbon, (4) rabbies, (5) malig- 
nant catarrh, (6) pyemia and scepticemia, (7) mange, or scab 
in advanced stages, (8) advanced stages of actinomycosis, or 
lumpy jaw ,(9) inflammation of the lungs, intestines, or peri- 
toneum, (10) Texas fever, (11) extensive ,or generalized tu- 
berculosis, (12) badly bruised or affected in any organ, or part 
of an organ, by tuberculosis, actinomycosis trichina, cancer, 
abscess, superating sore, or tape-worm cyst. , 

§ 8. All injured cattle condemned by the inspector shall 
be killed subject to post mortem inspection. No injured ani- 


FOOD—LIVE STOCK INSPECTOR. 969 





mal shall be removed to a slaughter-house, or other place, with- 
out the written consent of the inspector. 

§ 9. All calves offered for veal under four weeks of age 
shall be condemned by the live stock inspector for slaughtering 
purposes; and all animals in advanced stage of pregnancy, or 
which have recently given birth to young, shall likewise be 
condemned for slaughtering purposes. 

§ 10. Any person, firm, or corporation that shall violate 
the provisions of section 1 of this ordinance shall be fined not 
less than twenty-five dollars nor more than one hundred dol- 
lars for each offense, and each sale or offering for sale, or 
holding in possession for sale, of any cattle, hogs, sheep, or 
other animal, in violation of said section, shall constitute a 
separate offense; and any person, firm, or corporation, that 
shall obstruct, interfere with, or prevent the live stock inspector, 
or his assistant, in the discharge of any of his duties as de- 
fined in this ordinance, or, being the owner or proprietor of a 
live-stock yard, or yards, in the city of Louisville, shall fail or 
refuse to set apart, construct, and maintain a quarantine pen, as 
provided in section 4 of this ordinance, shall be fined in any sum 
not less than ten dollars nor more than one hundred dollars 
for each offense, and it shall be the duty of the police force to 
aid the live stock inspector, or his assistant, to enforce the re- 
quirements of this ordinance when notified or called on by 
such inspector, or assistant, for that purpose. 

§ 11. That in order to carry out and enforce the pro- 
visions of this ordinance, there shall be elected by the General 
Council, in joint session, on the first Tuesday in December, 
1900, and every two years thereafter, one live stock inspector 
and one assistant live stock inspector, whose duty it shall be 
to carry out and enforce the provisions of this ordinance. The 
said live stock inspector, and assistant live stock inspector, shall 
have and keep a fixed and known office in the city of Louisville, 
with a telephone therein, and the office hours of said live stock 
inspector, and assistant live stock inspector, shall be between 7 
o’clock A. M. and 4 o’clock P. M., of each day, and one of them 
shall be in said office at all times between the hours aforesaid 
so they can be communicated with by all persons having busi- 
ness connected with said office. 

§ 12. That said live stock inspector shall receive a salary of 
twelve hundred dollars per annum, payable monthly, and said 
assistant live stock inspector shall receive a salary of nine hun- 
dred dollars per annum, payable monthly, as the salaries of 
other city officers, and in addition to the salary of said live 
stock inspector he shall be allowed the expense of keeping a 
telephone at his office, and the rent of such office. 

§ 13. That nothing in this ordinance shall be construed to 


270 FRANCHISE. 


interfere with the term of the present live stock inspector, whichi 
expires on the first Tuesday in December, 1900, but the duties 
of said ofticer shall be regulated by the provisions of this ordi- 
nance after its passage. | 

§ 14. That all ordinances or parts of ordinances in conflict 
with this ordinance are hereby repealed. 

§ 15. That this ordinance shall take effect from and after 
its passage. 


ne 8 a re 


The foregoing ordinance having been duly passed by the 
General Council, was presented to the Mayor, who returned the 
same with his objections in writing thereto, November 5, 1900, 
whereupon it was reconsidered by the Board of Councilmen, 
and two-thirds of the members-elect of that board having, on 
that date, concurred in adopting it again, and it then having 
been sent to the Board of Aldermen, which board reconsidered 
the same, and again passed it by the votes of two-thirds of its 
members on November 8, 1900, it became obligatory at the 
latter date under the provisions of section 2795, Kentucky 
Statutes. 

SHARAN «Gn BAU! Aur. W. Davis, C. B. A. 


FRANCHISE. 
Laying Steam Pipe Through Fourteenth Street. 


AN ORDINANCE To Provide for the Sale of a Franchise for 
Laying and Maintaining a Pipe for Conducting Steam, 
Through a Portion of Fourteenth Street and Across 
Broadway. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. There is hereby created a franchise for laying and 
maintaining a pipe for conducting steam in Fourteenth street 
from the south line of Magazine street to a point across and 
two hundred and fifty feet south of the south line of Broadway, 
which shall continue for twenty years from the time the same 
takes effect. 

§ 2. Said pipe shall be laid on the westerly side of Four- 
teenth street in a direct line between the points above specified, 
with the right to connect therewith by pipes under the side- 
walk at some one point between the south line of Magazine 


FRANCHISE. bya 








street and the first alley south thereof, and at some one point 
south of Broadway. The whole thereof, shown by dotted line 
on the plat, made a part thereof. 

S$ 3. Sard pipe shall be laid under the direction of the Chief 
Engineer of the Board of Public Works, at such depth and in 
such manner as he may prescribe. ‘The work shall be done 
under the personal supervision of an employe of the Board of 
Public Works, to be designated by the Board, and the bidder 
to whom the franchise is awarded shall pay the Board of Pub- 
lic Works immediately upon the reception of the work at the 
rate of three dollars for each day of nine hours spent by such 
employe in supervising said work. ‘The street shall 
be restored to its former condition to the  satisfac- 
tion of the Chief Engineer, and the bidder to whom the fran- 
chise shall be awarded shall be obliged, during the term of said 
franchise, to maintain that part of the public way where said 
pipe is laid in good condition, to the satisfaction of said Chief 
Engineer. 

§ 4. As soon as may be practicable after the approval and 
publication of this franchise, it shall be the duty of the Board 
of Public Works to advertise for four days in the daily news- 
papers pesca c in the city of Louisville, and which have been 
selected by the General Council to do the public advertising, 
that bids will be publicly received for the before mentioned 
franchise or privilege, and they shall thereafter, according to 
such advertisement, receive such bids and award such franchise 
or privilege to the highest and best bidder; subject, however, to 
the approval of the (seneral Council of said city. Such adver- 
tisement shall reserve the right to reject any and all bids. 

§ 5. The bidder to whom such franchise or privilege shall 
be awarded shall pay the amount of such bid in cash to the 
Treasurer of said city within ten days after the same shall have 
been approved by the General Council; and no bid shall be re- 
ceived or considered by the said Board of Public Works unless 
every bidder shall deposit with his bid a check, payable to the 
Treasurer of said city, for the sum of one hundred dollars 
($100) and for a further sum sufficient to cover the cost of the 
advertising provided in Section 4 of this ordinance, which 
check shall have been duly certified by a bank established and 
doing a regular business in the city of Louisville. Said sum of 
one hundred dollars ($100) shall be treated as part payment by 
the successful bidder in case he shall comply with his bid; and if 
he shall not, it shall be treated and retained as liquidated dam- 
ages due to the said city. The successful bidder shall pay the 
cost of the advertising, provided in Section 4 hereof, which 
cost shall be retained out of the check aforesaid. No sale of 


272 FRANCHISE. 


such franchise shall be made for less than the sum of one hun- 
dred dollars. 

§ 6. This ordinance shall take effect and be in force from 
and after its passage. 

Approved January 22, 1908. 


FRANCHISE. 
Water Pipe in Fifth Street. 


AN ORDINANCE To Provide for the Sale of a Franchise for 
Laying and Maintaining a Pipe for Conducting Water, 
Across Fifth Street and in A Street. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. There is hereby created a franchise for laying and 
maintaining a water-pipe for conducting water across Fifth 
Street and in A Street, from the South-West corner of Fifth 
and A Streets, to the South-East corner of the alley that ex- 
tends South from A Street to Lee Street between Fourth and 
Fifth Streets, which shall continue for twenty years, from the 
time the same takes effect. 

§ 2. Said pipe shall be laid under the sidewalk on the 
Southern side of A Street, in a direct line, between the points 
above specified, with the right to connect therewith with pipes 
under said sidewalk, at the termini. The whole thereof, shown 
by dotted lines on the plat, made a part hereof. 

§ 3. Said pipe shall be laid under the direction of the Chief 
Engineer of the Board of Public Works, at such depth and in 
such manner as he may prescribe. The work shall be done 
under the personal supervision of an employe of the Board of 
Public Works, to be designated by the Board, and the bidder 
to whom the franchise is awarded shall pay the Board of Pub- 
lic Works immediately upon the reception of the work at the 
rate of three dollars for each day of nine hours spent by such 
employe in supervising said work. The street shall be restored 
to its former condition to the satisfaction of the Chief Engineer, 
and the bidder to whom the franchise shall be awarded shall 
be obliged, during the term of said franchise, to maintain that 
part of the public way where said pipe is laid in good condition 
to the satisfaction of said Chief Engineer. 

§ 4. As soon as may be practicable after the approval and 
publication of this franchise, it shall be the duty of the Board 


—_—_-_- 


FRANCHISE. Pa fe 


of Public Works to advertise for four days in the daily news- 
papers published in the city of Louisville, and which have 
been selected by the General Council to do the puble adver- 
tising, that bids will be publicly received for the before men- 
tioned franchise or privilege, and they shall thereafter, accord- 
ing to such advertisement, receive such bids and award such 
franchise or privilege to the highest and best bidder; subject, 
however, to the approval of the General Council of said city. 
Such advertisement shall reserve the right to reject any and all 
bids. 

§ 5. The bidder to whom such franchise or privilege shall 
be awarded shall pay the amount of such bid in cash to the 
‘Treasurer of said city within ten days after the same shall have 
been approved by the General Council; and no bid shall be re- 
ceived or considered by the said Board of Public Works unless 
every bidder shall deposit with his bid a check, payable to the 
Treasurer of said city, for the sum of Fifty ($50.00) Dollars 
and for a further sum sufficient to cover the cost of the ad- 
vertising provided in Section 4 of this ordinance, which check 
shall have been duly certified by a bank established and doing 
a regular business in the city of Louisville. Said sum of Fifty 
Dollars ($50.00) shall be treated as part payment by the suc- 
cessful bidder in case he shall comply with his bid; and if he 
shall not, it shall be treated and retained as liquidated dam- 
ages due to the said city. The successful bidder shall pay the 
cost of the advertising, provided in Section 4 hereof, which 
cost shall be retained out of the check aforesaid. No sale of 
such franchise shall be made for less than the sum of One 
Hundred Dollars. 


§ 6. This ordinance shall take effect and be in force from 
and after its passage. 





A STREET. 


FRANCHISE. 


FOURTH STREET 





200 


20 FOOT ALLEY 


FIFTH STREET—60 FEET 


: 


E 


Property Line 
WS 





Approved April 7, 1908. 


FRANCHISE. 
Conduct Steam Heat, etc. 


AN ORDINANCE to provide for the sale of a franchise for 
laying and maintaining a pipe in the alley between Third 
and Fourth avenues, south of Green street. 


Be it ordained by the General Council of the city of Lowisville : 


§ 1. There is hereby created a franchise for laying and 
maintaining a pipe for conducting heat, steam or electricity 
from the property of the Courier-Journal Company, at Fourth 
avenue and Green streets, to the property of the Courier-Journal 
Company, at Third avenue and Green street, through the al- 
Jey running south of Green street, between Third avenue and 
the Courier-Journal property, which shall continue for twenty 
vears from the time that same takes effect. 


976 FRANCHISE. 


FOU RTH STREET 





COURIER-JOURNAL PROPERTY 





PRIVATE ALLEY 








\LHUaLs NAWaAD 


S——|—__N 


PUBLIC ALLEY 


COURIER-JOURNAL 
PROPERTY 








THIRD STREET 
(The dotted line corresponds to the red line in the original 
map and indicates proposed pipe line.) 


FRANCHISE. OTT 








§ 2. Said pipe shall be laid in the alley in a direct line be- 
tween the points above specified, with the right to connect with 
pipes in the building at each terminus. The whole thereof 
shown =PY dotted red line on the plat made a part hereof. 

§ 3. Said pipe shall be laid under the direction of the Chief 
Engineer of the Board of Public Works at such depth and in 
such manner as he may prescribe. The work shall be done un- 
der the direct supervision of an employe of the Board of Public 
Works to be designated by the board, and the bidder to whom 
the franchise is awarded shall pay the Board of Public Works 
immediately upon the reception of the work at the rate of three 
dollars ($3) for each day of nine hours spent by such employe 
in supervising such work . 

The alley shall be restored to its former condition to the 
satisfaction of the Chief Engineer, and the bidder to whom the 
franchise shall be awarded shall be obliged during the term of 
such franchise to maintain that part of the public way where 
said pipe is laid in good condition, to the satisfaction of said 
Chief Eneineer. 


§ 4. As soon as may be practicable after the approval and 
publication of such franchise it shall be the duty of the Board 
of Public Works to advertise in the daily newspapers published 
in the city of Louisville, and which have been selected by the 
General Council to do the public advertising, that bids may be 
publicly received for the before mentioned franchise or priv- 
ilege, and they shall thereafter, according to such advertise- 
ment, receive such bids and award such franchise or privilege 
to the highest and best bidder, subject, however, to the ap- 
proval of the General Council of said city. Such advertisement 
shall reserve the right to reject any and all bids. 

§ 5. The bidder to whom such franchise or privilege shall 
be awarded shall pay the amount of such bid in cash to the 
‘Treasurer of said city within ten days after the same shall have 
been approved by the General Council; and no bid shall be 
received or considered by the said Board of Public Works un- 
less every bidder shall deposit with his bid a check payable to 
the Treasurer of the said city for the sum of fifty dollars ($50) 
and for a further sum sufficient to cover the cost of advertising 
provided in Section 4 of this ordinance, which check shall 
have been duly certified by a bank established and doing a 
regular business in the city of Louisville. The said sum of 
fifty dollars ($50) shall be treated as part payment by the suc- 
cessful bidder in case he shall comply with his bid; and if he 
shall not, it shall be treated and retained as liquidated damage 
due to said city. The successful bidder shall pay the cost of 
the advertising provided in Section 4 hereof, which cost shall 
be retained out of the check aforesaid. No sale of such fran- 


OS FRANCHISE. 





chise shall be made for the sum of less than the sum of one 
hundred dollars ($100). 

§ 6. This ordinance shall take effect and be in force from 
and after its passage. 

Approved August 10, 1908. 


FRANCHISE. 


Stringing and Maintaining Wires for Distribution of 
Electricity. 


AN ORDINANCE creating the franchise or privilege of string- 
ing and maintaining wire under the streets, alleys and the 
public places of the city of Louisville, and of distributing 
and selling electricity by means of such wires, and provid- 
ing for the sale of said franchise. 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. There is hereby created a franchise or privilege of 
stringing wires for the ; sale of electricity under certain of the 
streets, alleys and other public places of the city of Louisville, 
and of constructing the necessary conduits, laterals and man- 
holes necessary; for the installation of such wires. 

§ 2. The person, firm or corporation which shall become 
the purchaser of this franchise, or any successor or assignee of 
such purchaser, shall, for brevity, be hereinafter spoken of as 
“the Company.” 

The Company shall be bound by, and comply with all the 
terms and conditions of an ordinance of the city of Louisville 
requiring wires to be placed underground, and entitled, “An- 
Ordinance Concerning Telegraph, Telephone and Electric 
Light and Power Wires in the City of Louisville,” and with 
the provisions of any future ordinance which may hereafter be- 
come a law, requiring poles to be taken down or wires placed 
underground, to the same extent that the Louisville Lighting 
Company, the Kentucky Electric Company, or any successor to 
either of said Companies, or owner of either of said Companies’ 
franchise may be required to comply therewith. 

§ 3. The Company shall have the right to construct, main- 
tain and operate conduits and manholes, to erect poles, to 
string and maintain wires and to distribute and sell electricity 
through said wires, on or under the following streets, alleys and 


FRANCHISE. 279 








public ways of the city of Louisville, to-wit: (1) Beginning at 
a point in Main street twenty feet east of Third street, thence: 
extending westwardly on Main street to a point midway be-- 
tween Fifth and Sixth streets. (2) Beginning at a point on. 
the aforesaid line at the intersection of Main street with the 
alley that is between Fourth and Fifth streets, thence extending. 
southwardiy on said alley to Market street, thence extending 
eastwardly on Market street to Fourth street, thence extending 
southwardly on Fourth street to the alley between Market and 
Jefferson streets; thence extending eastwardly on said alley to- 
a point midway between Second and Third streets, and west- 
wardly on said alley to a point midway between Fourth and. 
Fifth streets, all as indicated by the red lines on the following 
map, to-wit: 


FRANCHISE. 





280 


3 | _ me GI foetal ini iti 


NOS Y44s45c 


Outs 
Sig 
Si 


JIAMMWWG 


IRD 
Supe 





ewe = 


le ey 


a SRA. fone 





FRANCHISE. 2x1 


§ 4. The price at which the Company shall sell electricity 
shall not exceed eight cents per thousand Watts for lighting 
purposes, or four cents per thousand Watts for power purposes. 
When the amount of electricity actually taken 1s very small in 
proportion to that which the Company must stand ready to fur- 
nish to the consumer, then a reasonable charge may be made 
each month for such service—the charge only to be large 
enough to cover the actual cost of being ready at all times to 
render the service, and shall in no event be large enough to 
yield any profit whatever. It shall be the duty of the Company 
to furnish to the city of Louisville and maintain for public 
lighting, lamps of such pattern or kind and of the capacity 
and power as may be determined on by the Board of Publhe 
Works, at a price not to exceed $67.00 for each lamp per year; 
and in addition the said Company shall furnish such other 
lights as may be required by the city at any point that can be 
reached by its wires. The city of Louisville reserves the right 
to hereafter make such reduction in said maximum charges 
fixed herein, as may be reasonable and proper. 

§ 5. This franchise or privilege shall continue for a period 
of twenty years from and after the same shall become effective. 

§ 6. The Company shall not sell out to, make joint stock 
with, or pass under the control of any competing company, 
nor shall it by any device enter into any arrangement which 
will prevent bona fide competition in the furnishing of elec- 
tricity, and in case the Company shall violate this section, the 
franchise herein granted shall become void. 

§ 7. Nothing in this ordinance shall be construed as ex- 
elusive or as preventing the city of Louisville from granting a 
like franchise to any other person, firm or.corporation. 


§ 8. The Company shall, within fifteen months after this 
frahncise shall become effective, have a plant equipped with at 
least a capacity of 450 Kilowatts, and shall have covered its 
wires and be ready to furnish electricity, in that part of the 
territory in the city of Louisville as set forth in Section 3 of 
this ordinance excepting along said alley from a point midway 
between Third and Fourth Streets, to a point midway between 
Second and Third Streets, as shown by the dotted part of said 
red line in the above map, sufficient to use at least 450 Kailo- 
watts. 

In case of the failure of the Company to carry out any of 
the conditions imposed in this section, this franchise shall be- 
come void and the bond herein provided for shall be forfeited, 
and the amount of said bond shall at once be paid to the city of 
Louisville as liquidated damages. All work in the construction, 
laying or maintenance of the Company’s conduits, wires, poles 
or appliances under, along or across any of the public ways of 


929 FRANCHISE. 








the city of Louisville shall be done under the supervision of 
the Board of Public Works of said city, and the city shall have 
the right to employ an inspector or inspectors to see that its 
plans and specifications are carried out in the doing of said 
work, and to fix a reasonable compensation for the services of 
such inspector or inspectors, which shall be paid by the Com- 
any. 

: ‘ 9. It shall be the duty of the Board of Public Works as 
soon as practicable after the passage of this ordinance, to ad- 
vertise for a period of three weeks in such a manner as the 
Board may determine, the sale of the franchise or privilege 
herein set out, and to sell the same at public auction to the 
highest and best bidder at a time and place to be fixed by the 
said Board, in which advertisement the right to reject any and 
all bids shall be reserved. 

§ 10. The bidder to whom said franchise or privilege shall 
be awarded shall, within ten days after the acceptance of his 
bid, pay the amount of said bid in cash to the City Treasurer. 
No bid for such franchise or privilege shall be received or con- 
sidered by said Board unless such bidder shall at least two hours 
before the time set for such sale, deposit with the person con- 
ducting the sale for the city of Louisville, a check payable to 
the City Treasurer of said city, for the sum of $2,000.00 duly 
certified by some National Bank doing business in the city of 
Louisville, which sum shall be treated as part payment on the 
purchase price by the successful bidder, in case he shall comply 
with the terms of bid, and if he shall not, it shall be retained 
as liquidated damages due the city. Any checks which may 
be deposited by unsuccessful bidders shall be at once returned 
to them. The upset price of said, franchise or privilege shalk 
be, and the same is hereby fixed at $5,000.00, and the Board 
of Public Works shall not RCM any bid for less than that. 
amount. 


§ 11. Inasmuch as the object of this franchise is to secure 
to the city of Louisville, the benefit of competition in electric- 
ity, and inasmuch as the Louisville Lighting Company and the 
Kentucky Electric Company already have all the privileges. 
conferred by this ordinance, the Board of Public Works shall 
not accept or consider any bid made directly or indirectly by 
the Louisville Lighting Company or the Kentucky Electric 
Company, or by any one in any wise connected with, or acting 
directly or indirectly in the interest of said corporations, or 
either of them. Each bidder shall file with the certified check 
hereinabove required, a sworn statement that the bidder is not 
acting directly or indirectly in the interest of the Louisville 
Lighting Company, or the Kentucky Electric Company, or of 
any person, firm or corporation who desires to suppress or pre- 


FRANCHISE, 


bo 
GQ 
WI 


vent competition in the sale of electricity. The checks and affi- 
davits to be filed shall immediately, upon the filing of same, 
become public records. 

§ 12. The Company shall, within ten days after the fran- 
chise becomes operative, execute bond to the city of Louisville 
with good and sufficient sureties, to be approved by the city, 
in the sum of $20,000.00, conditioned upon the faithful per- 
formance and discharge of all the obligations imposed upon 
the Company by this ordinance, and conditioned that the Com- 
pany shall restore the sidewalks and pavements on all public 
ways to their original condition, and shall save the city harm- 
less from all loss or damage, which may be done to its public 
ways and other property, or to the person or property of indi- 
viduals by the conduct of the Company’s business. Said bond 
shall be renewed from time to time as and when required by 
the city of Louisville. Said bond shall further be conditioned 
that the Company shall defend all suits and pay all judgments 
against the city of Louisville arising out of the construction, 
maintenance or operation of the Company’s conduits, wires, 
poles, appliances or plant. 

§ In case the successful bidder for said franchise or 
privilege shall fail within ten days after said bid shall have 
been accepted, to pay to the City Treasurer the full purchase 
price of said franchise or privilege, and to furnish the bond re- 
quired in Section 12, the Board of Public Works shall again 
advertise said franchise or privilege for sale, as provided in 
Section 9 of this ordinance, and shall again sell said franchise 
or privilege in the same manner and upon the same condition 
and requirements in all respects as the original sale of said fran- 
chise or privilege was made, and in case the successful bidder 
of such resale shall fail or refuse to comply with the terms of 
said sale within the time prescribed, then the Board of Public 
Works shall again readvertise said franchise or privilege for 
sale in the manner provided herein, and shall continue to do 
so until said franchise or privilege is purchased by some bidder 
who will comply with the terms of said sale. 

§ 14. The Company shall use all the necessary and proper 
machinery and appliances to prevent the emission of soot or 
any unreasonable amount of smoke from any chimney or 
smokestack on the plant or building used in the operation of or 
in connection with said franchise. 

§ 15. All ordinances, or parts of ordinances, in conflict 
with the provisions hereof, are hereby repealed. 

§ 16. This ordinance shall take effect from and after its 
passage. 


Approved March 26, 1908. 


284 FRANCHISE. 








FRANCHISE. 


Stringing and Maintaining Wires for Distribution of 
Electricity. 


AN ORDINANCE creating the franchise or privilege of string- 
ing and maintaining wires under certain streets, alleys 
and the public places of the city of Louisville, and of dis- 
tributing and selling electricity by means of such wires 
and providing for the sale of said franchise. 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. There is hereby created a franchise or privilege of 
stringing wires for the sale of electricity under certain of the 
streets, alleys and other public places of the city of Louisville, 
and of constructing the necessary conduits, laterals and man- 
holes necessary for the installation of such wires. 

§ 2. The person, firm or corporation which shall become 
the purchaser of this franchise, or any successor or assignee of 
such purchaser, shall, for brevity, be hereinafter spoken of as 
“The Company.” 

The company shall be bound by, and comply with, all the 
terms and conditions of an ordinance of the city of Louisville 
requiring wires to be placed underground, and entitled “‘An 
Ordinance Concerning Telegraph, Telephone and Electric 
Light and Power Wires in the City of Louisville,” and with the 
provisions of any future ordinance which may hereafter be- 
come a law, requiring poles to be taken down or wires placed 
underground, to the same extent that the Louisville Lighting 
Company, the Kentucky Electric Company, or any other com- 
pany now doing business in said city of a like character may 
be required to comply with. 

§ 8. The company shall have the right to construct, main- 
tain and operate conduits and manholes, and to maintain and 
operate wires therein, under the alleys and public ways of the 

city of Louisville, within the square bounded by Fourth street, 
Fifth street, Green and Walnut streets, being the two alleys 
shown on the map attached hereto. 

§ 4. The price at which the company shall sell electricity 
shall not exceed eight cents per thousand watts for lighting: 
purposes, or four cents per thousand watts for power. purposes. 
When the amount of electricity actually taken is very small in 
proportion to that which the company must stand ready to 
furnish to the consumer, then a reasonable charge may be 


FRANCHISE. IRD 


made each month for such service, the charge only to be large 
enough to cover the actual cost of being ready at all times to 
render the service, and shall in no event be large enough to 
yield any profit w hatever. It shall be the duty of the company 
to furnish to the city of Louisville and maintain for public 
lighting, lamps of such a pattern or kind and of the capacity 
and power as may be determined on by the Board of Public 
Works, at a price not to exceed sixty-seven dollars for each 
lamp per year within said territory; and in addition the said 
company shall furnish such other lights as may be required 
by the city at any point that can be reached by its wires, and 
the city of Louisville reserves the right to hereafter make such 
reduction in said maximum charges fixed herein, as may be 
reasonable, proper and necessary. 
§ 5. This franchise or privilege shall continue for a period 
of twenty years from and after the same shall become effective. 
§ 6. The company shall not sell out to, make joint stock 
with, or pass under the control of any competing company, nor 
shall it by any device enter into any arrangement which will 
prevent bona fide competition in the furnishing of electricity, 
within the territory named, and in case the company shall vio- 
late this section, the franchise herein granted shall become void. 
§ 7. Nothing in this ordinance shall be construed as exclu- 
sive or as preventing the city of Louisville from granting a like 
franchise or privilege to any other person, firm or corporation. 
§ 8. The company shall, within six (6) months after this 
franchise shall become effective, have a plant equipped with at 
least a capacity of one hundred and seventy-five kilowatts, and 
shall have covered with its wires and be ready to furnish elec- 
tricity, in that part of the territory in the city of Louisville as 
set forth in Section 3 of this ordinance, sufficient to use at least 
one hundred and seventy-five kilowatts. 


In case of the failure of the company to carry out any of 
the conditions imposed in this section, this franchise shall be- 
come void and the bond herein prov ided for shall be forfeited, 
and the amount of said bond shall at once be paid to the city 
of Louisville as liquidated damages. All work in the construc- 
tion, laying or maintenance of the company’s conduits, wires, 
poles or appliances under, along or across any of the public 
ways of the city of Louisville shall be done under the super- 
vision of the Board of Public Works of said city, and the city 
shall have the right to employ an inspector or inspectors to see 
that its plans and specifications are carried out in the doing of 
said w ork, and to fix a reasonable compensation for the services 
of such inspector or inspectors; provided, however, that said 
company may use, if it can acquire by purchase, conduits, wires, 
poles or appliances now existing in said streets or public ways. 


286 FRANCHISE, 


§ 9. It shall be the duty of the Board of Public Works as 
soon as practicable after the passage of this ordinance, to ad- 
vertise for a period of three weeks in such manner as the Board 
may determine, the sale of the franchise or privilege herein 
set out, and to sell the same at public auction to the highest 
and best bidder, at a time and place to be fixed by the said 
Board. 

$ 10. The bidder to whom said franchise or privilege shall 
be awarded shall, within ten days after his bid is approved by 
the General Counetl of the city of Louisville, pay the amount 
of said bid in cash to the City Treasurer. No bid for such fran- 
chise or privilege shall be received or considered by said Board, 
unless such bidder shall at least two hours before the time set 
for such sale, deposit with the Board of Public Works of the city 
of Louisville, a check payable to said Board of Public Works of 
said city, for the sum of five hundred dollars ($500), duly 
certified by some national bank doing business in the city of 
Louisville, which sum shall be treated as part payment on the 
purchase price by the successful bidder in case he shall comply 
with the terms of his bid; and if he shall not, it shall be kept 
and retained by the said city, and the franchise shail again be 
offered for sale. If the franchise be finally sold for less than the 
accepted bid of the purchaser who fails to comply with the 
terms of his bid, the city shall have the right to recover the 
difference from such purchaser so failing to comply, credited 
by the amount of his deposited check. Any checks which may 
be deposited by unsuccessful bidders shall be at once returned 
to them. 

The upset price of said franchise or privilege hereby created 
is hereby fixed at the sum of one thousand dollars ($1,000) 
and the Board of Public Works shall not accept any bid for 
less than that amount. 

§ 11. Inasmuch as the object of this franchise is to secure 
to the city of Louisville the benefit of competition in electricity, 
and inasmuch as the Louisville Lighting Company and the 
Kentucky Electric Company already have all the privileges con- 
ferred by this ordinance, the Board of Public Works shall not 
accept or consider any bid made directly or indirectly by the 
Louisville Lighting Company or the Kentucky Electric Com- 
pany, or by any one in any wise connected with, or acting 
directly or indirectly in the interest of said corporations, or 
either of them. Each bidder shall file with the certified check 
hereinabove required, a sworn statement that the bidder is not 
acting directly or indirectly in the interest of the Louisville 
Lighting Company, or the Kentucky Electric Company, or of 
any person, firm or corporation who desires to suppress or pre- 
vent competition in the sale of electricity. The checks and 


FRANCHISE. IST 


affidavits required to be filed shall immediately, upon the filing 
of same, become public records. 

§ 12. The company shall, within ten days after the fran- 
chise becomes operative, execute bond to the ‘city of Louisville 
with good and sufficient sureties to be approved by the city, in 
the sum of five thousand dollars ($5,000), conditioned upon 
the faithful performance and discharge of all the obligations 
imposed upon the company by this ordinance, and conditioned 
that the company shall restore the sidewalks and pavements on 
all public ways to their original condition, and maintain same 
over said conduits in such condition, and shall save the city 
harmless from all loss or damage, which may be done to its pub- 
lic ways and other property, or to the person or property of 
individuals by the conduct of the company’s business within 
the territory named. Said bond shall be renewed from time to 
time as required by the city of Louisville. Said bond shall 
further be conditioned that the company shall defend all suits 
and pay all judgments against the city of Louisville arising out 
of the construction, maintenance or operation of the company’s 
conduits, wires, poles, appliances or plant. 

§ 13. In ease the successful bidder for said franchise or 
privilege shall fail within ten days after said bid shall have been 
accepted, to pay to the City Treasurer the full purchase price 
of said franchise or privilege, and to furnish the bond required 
in Section 12 hereof, the Board of Public Works shall again 
advertise said franchise or privilege for sale, as provided in 
Section 9 of this Ordinance, and shall again sell said franchise 
or privilege in the same manner and upon the same conditions 
and requirements in all respects, as the original sale of said 
franchise or privilege was made, and in case the successful bid- 
der of such resale shall fail or refuse to comply with the terms 
of said sale within the time prescribed, then the Board of Pub- 
lic Works shall again readvertise said franchise or privilege for 
sale in the manner provided herein, and shall continue to do so 
until said franchise or privilege is purchased by some bidder 
who will comply with the terms of said sale. Every bidder who 
fails to comply with the terms of his bid shall be liable to the 
city for the amount by which his bid, less his deposited check, 
exceeds the amount for which the franchise is ultimately sold. 

§ 14. The company shall use all the necessary and proper 
machinery and appliances to prevent the emission of soot or 
any unreasonable amount of smoke from any chimney or 
smokestack on the plant or building used in the operation of 
or in connection with said franchise. 

§ 15. All ordinances, or parts of ordinances, in conflict 
with the provisions herewith, are hereby repealed. 


288 FRANCHISE. 


§ 16. This ordinance shall take effect from and after its 
passage. 
Approved April 3, 1909. 


FRANCHISE. 


For Distribution of Refrigeration. 


AN ORDINANCE to provide for the sale of a franchise for 
laying and maintaining pipes for the distribution of re- 
frigeration from a point in Bullitt street, about one hun- 
dred and forty feet south of Water street and crossing 
Main street from north to south, and across, under and 
along the alleys in the block bounded by Main, Market, 
Fourth and Fifth streets. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. There is hereby created a franchise for laying and 
maintaing pipes for conducting refrigeration from a point 
in Bullitt street, about one hundred and forty feet south 
of Water street and crossing Main street from north to south, 


and under and across and along the alleys in the block bounded _ - 


by Main, Market, Fourth and Fifth streets, which shall. con- 
tinue for twenty years from the time that the same takes effect. 

§ 2. Said pipes shall be laid in the streets and alleys at 
some point which will not interfere with existing pipes now 
oeecuvying said streets and alleys. 

§ 3. Said pipes shall be laid under the direction of the 
Chief Engineer of the Board of Public Works, at such depth, 
and in such manner as he may prescribe. The work shall be 
done under the direct supervision of an employe of the Board 
of Public Works to be designated by the board, and the bidder 
to whom the franchise is awarded shall pay the Board of Pub- 
lic Works immediately upon the reception of the work at the 
rate of three ($3.00) dollars for each day of nine hours spent 
by such employe in supervising such work. 

The streets and alleys shall be restored to the former condi- 
tion to the satisfaction of the Chief Engineer, and the bidder 
to whom the franchise shall be sold shall be obliged, during 
the term of such franchise, to maintain that part of the pub- 


FRANCHISE. ORD 


lic ways where said pipes are laid in good condition, to the sat- 
isfaction of said Chief Engineer. 

§ 4. As soon as may be practicable after the approval and. 
publication of such franchise, it shall be the duty of the Board 
of Public Works to advertise in the daily newspapers published 
in the city of Louisville, and which have been selected by the 
General Council to do the public advertising, for a period of 
two weeks, that bids may be publicly received for the before- 
mentioned franchise or privilege, and they shall thereafter,. 
according to such advertisemeuits, receive such bids and award 
such franchise or privilege to the highest and best bidder, sub- 
ject, however, to the approval of the General Council of said 
city; such advertisement shall reserve the right to reject any 
and all bids. 

§ 5. The bidder to whom such franchise or privilege shall 
be awarded shall pay the amount of such bid in cash to the 
treasurer of said city, within ten days after the same shall have: 
been approved by the General Council; and no bid shall be 
received or considered by the said Board of Public Works, un- 
less the bidder shall deposit with his bid a check payable to 
the treasurer of the said city for the sum of fifty ($50.00) dol- 
lars, and further sum sufficient to cover the cost of advertising, 
plovided in Section 4 of this ordinance, which check shall have 
been duly certified by a bank established and doing a regular 
business in the city of Louisville. 


The said sum of fifty ($50.00) dollars shall be treated as: 
part payment, by the successful bidder, in case he shall com- 
ply with his bid, and if he shall not, it shall be treated and re— 
tained as liquidated damage due to said city. 

§ 6. The bidder to whom such franchise or privilege shal? 
be awarded shall begin work within one month after this fran— 
chise shall become effective and within six months shall have 
the main lines completed. 


§ 7. The successful bidder shall, within ten days after the- 
ptivilege becomes operative, execute bond to the city of Louis- 
ville with good and sufficient sureties, to be approved by the: 
city, in the sum of $5,000, conditioned upon the faithful per-— 
formance and discharge of all of the obligations imposed by 
this ordinance. Said bond shall continue for a period of one 
year from the date thereof, and same shall be renewed from 
time to time as and when required by the city of Louisville. 
Said bond shall further be conditioned that the pur-— 
chaser shall defend all suits and pay all judgments 
against the city of Louisville arising out of the construction, 
maintenance or operation of the purchaser’s conduits, ap— 
pliances or plant. 


200 FRANCHISE. 





§ 8. The successful bidder shall pay the cost of advertising, 
provided in Section 4 hereof. No sale of such franchise shall 
be made for less than the sum of one hundred ($100.00) dol- 
lars. 

§ 9. The amount of profit which the purchaser of such 
franchise shall be allowed to earn shall not exceed 8 per cent. 
per year net-on his investment after all expense has been de- 
ducted and the proper allowance made for wear and tear and 
depreciation. Any excess made over 8 per cent. shall be paid 
into the general fund of the city of Louisville. 

§ 10. The purchaser of such franchise shall keep accurate 
books showing every item of receipts and expenditures and the 
city of Louisville, through its auditing department or any ac- 
credited agent of the city, shall have the right to examine the 
books twice each year on or about the 1st day of January and 
the Ist day of July in each and every year so as to determine 
‘what profit is being made by the purchaser under this franchise. 

rd ea Nothing in this ordinance shall be construed as ex- 
clusive or as prev enting the city of Louisville from granting a 
like privilege to any other person, firm or corporation. 

§ 12. This ordinance shall take effect and be in force from 
and after its passage. 

Approved October 4, 1909. 


FRANCHISE. 


—wF 


Maintaining Pipes for Distribution of Steam Heat. 


AN ORDINANCE to provide for the sale of a franchise for lay- 
ing and maintaining pipes for the distribution of steam 
heat from a point in Bullitt street, about one hundred and 
forty feet south of Water street, and crossing Main street 
from north to south, and across, under and along the al- 
leys in the block bounded by Main, Market, Fourth and 
Fifth streets. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. There is hereby created a franchise for laying and 
maintaining pipes for conducting steam heat from a point in 
Bullitt street, about one hundred and forty feet south of Water 
street and extending to and across Main street, between Fourth 


FRANCHISE. 291 





and Fifth streets, and under and across and along the alleys in 
the block bounded by Main, Market, Fourth and Fifth streets, 
which shall continue for twenty years from the time that same 
takes effect. 

§ 2. Said pipes shall be laid in the streets and alleys at 
some point which will not interfere with existing pipes now 
occupying said streets and alleys. 

§ 3. Said pipes shall be laid under the sheeailiie of the 
Chief Engineer of the Board of Public Works, at such depth, 
and in such manner as he may prescribe. The work shall be 
done under the direct supervision of an employe of the Board 
of Public Works to be designated by the board, and the bidder 
to whom the franchise is awarded shall pay the Board of Public 
Works immediately upon the reception of the work at the rate 
of three ($3.00) dollars for each day of nine hours spent by 
such employe in supervising such work. 

The streets and alleys shall be restored to the former condi- 
tion to the satisfaction of the Chief Engineer, and the bidder 
to whom the franchise shall be sold shall be obliged, during. 
the term of such franchise, to maintain that part of the pub- 
he ways where said pipes are laid in good condition, to the sat- 
isfaction of said Chief Engineer. 

§ 4. As soon as may be practicable after the approval and 
publication of such franchise, it shall be the duty of the Board. 
of Public Works to advertise in the daily newspapers published 
in the city of Louisville, and which have been selected by the 
General Council to do the public advertising, for a period of 
two weeks, that bids may be publicly received for the before- 
mentioned franchise or privilege, and they shall thereafter, 
according to such advertisements, receive such bids and award 
such franchise or privilege to the highest and best bidder, sub- 
ject, however, to the approval of the General Council of said 
city; such advertisement shall reserve the right to reject any 
and all bids. 

§ 0. The bidder to whom such franchise or privilege shall 
be awarded shall pay the amount of such bid in cash to the 
Treasurer of said city, within ten days after the same shall have 
been approved by the General Council; and no bid shall be re- 
ceived or considered by the said Board of Public Works unless 
the bidder shall deposit with his bid a check payable to the 
Treasurer of the said city, for the sum of fifty ($50.00) dollars, 
and further sum sufficient to cover the cost of advertising, pro- 
vided in Section 4 of this ordinance, which check shall have 
been duly certified by a bank established and doing a regular 
business in the city of Louisville. 

The said sum of fifty ($50.00) dollars shall be treated as: 
part payment by the suecessful bidder, in case he shall comply 


‘292 FRANCHISE, 


ra 





with his bid, and if he shall not, it shall be treated and retained 
As liquidated damage due to said city. 

§ 6. The bidder to whom such franchise or privilege shall 
woe awarded shall begin work within one month after this fran- 
chise shall become effective and within six months shall have 
the main lines completed. 

§ 7. The successful bidder shall, within ten days after the 
‘privilege becomes operative, execute ‘bond to the city of Louis- 
ville with good and sufficient sureties, to be approved by the 
city in the sum of $5,000.00, conditioned upon the faithful 
performance and discharge of all the obligations imposed by 
‘this ordinance. Said bond shall continue for a period of one 
year from the date thereof, and the same shall be renewed from 
time to time as and when required by the city of Louisville. 
‘Said bond shall further be conditioned that the purchaser shall 
-defend all suits and pay all judgments against the city of Louis- 
ville arising out of the construction, maintenance or operation 
-of the purchaser’s conduits, appliances or plant. 

§ 8. The successful bidder shall pay the cost of advertising, 
provided in Section 4 hereof. No sale of such franchise shall be 
‘made for less than the sum of one hundred ($100.00) dollars. 

§ 9. The amount of profit which the purchaser of such 
franchise shall be allowed to earn shall not exceed eight per 
«cent. per year net on his investment after all expense has been 
deducted and the proper allowance made for wear and tear and 
depreciation. Any excess made over eight per cent. shall be 
‘paid into the general fund of the city of Louisville. 

§ 10. The purchaser of such franchise shall keep accurate 
books showing every item of receipts and expenditures and the 
city of Louisville, through its auditing department or any ac- 
«credited agent of ‘the city, shall have the right to examine the 
ibooks twice each year on or about the Ist day of January and 
‘the 1st day of July in each and eve-y year so as to determine 
what profit is being made by the purchaser under this franchise. 

§ 11. Nothing in this ordinance shall be construed as ex- 
-clusive or as preventing the city of Louisville from granting a 
‘ike privilege to any other person, firia or corporation. 

§ 12. This ordinance shall take effect and be in force from 
cand after its passage. 

Approved October 4, 1909. 


FRANCHISE. 993 


FRANCHISE. 
For Distribution of Steam Heat. 


AN ORDINANCE creating the franchise, and for the sale of 
the franchise, for laying and maintaining pipes for the 
distribution of steam heat from a point beginning in and 
across the first alley south of Green street, from the east 
line of Fifth street to the first alley west of Fourth street, 
and in and across the first alley west of Fourth street, 
from the north line of Walnut street to its northernmost 
end, about 160 feet south of Green street, and within the 
square bounded by the west line of Fourth street, the east 
line of Fifth street, the north line of Walnut street, and 
the south line of Green street, in the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. There is hereby created a franchise for laying and 
maintaining pipes for conducting steam heat from a point be- 
ginning in and across the first alley south of Green street, from 
the east line of Fifth street to the first alley west of Fourth 
street, and in and across the first alley west of Fourth street, 
from the north line of Walnut street to its northernmost end, 
about 160 feet south of Green street, and within the square 
bounded by the west line of Fourth street, the east line of Fifth 
street, the north line of Walnut street and the south line ot 
Green sreet, in the city of Louisville, which franchise shall con- 
| ee fora period of twenty years from the time the same takes 
eifect 

§ 2. Said pipes shall be laid in the alleys at some point 
which shall not interfere with existing pipes, now occupying 
said alleys. 

§ 3. Said pipes shall be laid under the direction of the 
chief engineer of the Board of Public Works, at such depth 
and in such manner as he may prescribe; the work shall be 
done under the direct supervision of an employe of the Board 
of Public Works, to be designated by the board, and the bidder 
to whom the franchise is awarded shall pay the Board of 
Public Works immediately upon the reception of the work at 
the rate of three dollars for each day of nine hours spent by 
such employe in supervising said work. 


294 FRANCHISE. 





The alleys shall be restored to their former condition to the 
satisfaction of the chief engineer, and the bidder to whom the 
franchise shall be awarded shall be obligated, during the term 
of such franchise, to maintain the part of the public ways, 
where said pipes are laid, in good condition to the satisfaction 
of said chief engineer. 

§ 4. As soon as may be practicable after the approval and 
publication of said franchise, it shall be the duty of the Board 
of Public Works to advertise in the daily newspapers pub- 
lished in the city of Louisville, and which have been selected 
by the General Council to do the public advertising, said. fran- 
chise, for a period of two weeks, that bids may be properly re- 
ceived for the before-mentioned franchise or privilege, and it 
shall, after such advertisement, receive such bids and award 
said franchise or privilege to the highest and best bidder, sub- 
ject to the approval of the General Council of said city. Said 
advertisement shall reserve the right to reject any and alk 
bids. 

§ 5. The bidder to whom such franchise or privilege shall 
be awarded shall pay the amount of such bid in cash to the 
Treasurer of said city within ten days after the same shall have 
been approved by the General Council, and no bid shall be re- 
ceived or considered by said Board of Public Works unless the 
bidder shall deposit with his bid a check payable to the Treas- 
urer of said city for the sum of $50, aud a further sum suffi- 
cient to cover the costs of advertising provided in Section 4 of 
this ordinance. This check shall be duly certified by a bank 
established and doing business in the city of Louisville. The 
said sum of $50 shall be treated as part payment by the sue- 
cessful bidder, in case he shall comply with his bid, and if he 
shall not, it shall be treated and retained as liquidated damages 
due the said city. 

S$ 6. The bidder to whom said franchise or privilege shall 
be awarded shall, within ten days after his bid is approved by 
the General Council of the city of Louisville, pay the amount 
of said bid in eash to the City Treasurer. No bid for such 
franchise or privilege shall be received or considered by said 
board unless such bidder shall at least two hours before the 
time set for such sale, deposit with the Board of Public Works of 
the city of Louisville a check payable to said Board of Publie 
Works of said city for the sum of $50, duly certified by some 
national bank doing business in the city of Louisville, which 
sum shall be treated as part payment on the purchase price by 
the successful bidder, in case he shall comply with the terms of 
his bid; and if he shall not, it shall be kept and retained by the 
said city, and the franchise shall again be offered for sale. If 
the franchise be finally sold for less than the accepted bid of 


FRANCHISE. 295 





the purchaser who fails to comply with the terms of his bid, the 
city shall have the right to recover the difference from such 
purchaser so failing to comply, credited by the amount of his 
deposited check. Any checks which may be deposited by un- 
successful bidders shall be at once returned to them. 

The upset price of said franchise or privilege hereby created 
is hereby fixed at the sum of $100, and the Board of Public 
Works shall not accept any bid for less than that amount. 

§ 7. The bidder to whom such franchise or privilege shall 
be aw cea shall begin work within one month after this fran- 
echise shall become effective, and within six months shall have 
the main lines completed. 

8. The successful bidder shall, within ten days after the 
privilege becomes operative, execute a bond to the city of Louis- 
ville, with good and sufficient sureties, to be approved by the 
city, in the sum of $5,000, conditioned upon the faithful per- 
formance and discharge of all the obligations imposed by this 
ordinance. Said bond shall continue for a period of one year 
from the date thereof, and shall be renewed from time to 
time and when required by the city of Louisville. Said bond 
shall further be conditioned that the purchaser shall defend 
all suits and pay all judgments against the city of Louisville 
arising out of the construction, maintenance or operation of 
the purchaser’s conduits, apphances or plant. 

§ 9. The successful bidder shall pay the cost of advertising, 
provided in Section 4 hereof. No sale of such franchise shali 
be made for less than the sum of $100. 

The purchaser of said franchise shall have the right to con- 
struct, maintain, operate conduits and manholes, and to operate 
pipes within said territory for the distribution of steam heat 
and the furnishing of such steam heat to persons desiring the 
same at reasonable rates during the term of said franchise. 


§ 10. In case the successful bidder for said franchise or 
privilege shall fail within ten days after said bid shall have 
been accepted to pay to the City Treasurer the full purchase 
price of said franchise or privilege, and to furnish the bond 
required in Section 8 hereof, the Board of Public Works shall 
again advertise said franchise or privilege for sale, as provided 
in Section 4 of this ordinance, and shall again sell said fran- 
chise or privilege in the same manner and upon the same con- 
ditions and requirements in all respects as the original 
sale of said franchise or privilege was made, and in 
«ase the successful bidder of such re-sale shall fail 
or refuse to comply with the terms of said sale within the time 
prescribed, then the Board of Public Works shall again re- 
advertise said franchise or privilege for sale in the manner pro- 
wided herein, and shall continue to do so until said franchise 


996 FRANCHISE. 


or privilege is purchased by some bidder who will comply with 
the terms of said sale. Every bidder who fails to comply with 
the terms of his bid shall be hable to the city for the amount 
by which his bid, less his deposited check, exceeds the amount 
for which the franchise is ultimately sold. 

§ 11. Nothing in this ordinance shall be construed as ex- 
clusive, or as preventing the city of Louisville from granting 
a like privilege to any other person, firm or corporation. 

§ 12. This ordinance shall take effect and be in force from 
and after its passage. 

Approved November 3, 1909. 


FRANCHISE. 
For Distribution of Refrigeration. 


AN ORDINANCE creating the franchise, and for the sale of 
the franchise, for laying and maintaining pipes for the 
distribution of refrigeration from a point beginning in and 
across the first alley south of Green street from the east 
line of Fifth street to the first alley west of Fourth street 
and in and across the first alley west of Fourth street from 
the north line of Walnut street to its northernmost end, 
about 160 feet south of Green street, and within the square 
bounded by the west line of Fourth street, the east line of 
Fifth street, the north line of Walnut street and the south 
line of €ireen street, in the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. There is hereby created a franchise for laying and 
maintaining pipes for conducting refrigeration from a point 
beginning in and across the first alley south of Green street 
from the east line of Fifth street to the first alley west of Fourth 
street, and in and across the first alley west of Fourth street 
from the north line of Walnut street to its northernmost end, 
about 160 feet south of Green street, and within the square 
bounded by the west line of Fourth street, the east line of Fifth 
street, the north line of Walnut street and the south line of 
Green street, in the city of Louisville, which franchise shall con- 


FRANCHISE. 2907 


ued * 


tinue for a period of twenty years from the time the same takes 
effect. 

§ 2. Said pipes shall be laid in the alleys at some point 
which shall not interfere with existing pipes, now occupying 
said alleys. 

§ 8. Said pipes shall be laid under the direction of the 
Chief Engineer of the Board of Public Works, at such depth, 
and in such manner.as he may prescribe; the work shall be 
done under the direct supervision of an employe of the Board 
of Public Works, to Le designated by the board, and the bidder 
to whom the franchise is awarded shall pay the Board of Pub- 
lic Works immediately upon the reception of the work at the 
rate of $3 for each day of nine hours spent by such employe 
in supervising said work. 

‘The alleys shall be restored to their former condition of the 
Chief Engineer and the bidder to whom the franchise shall be 
awarded shall he obligated, during the term of such franchise, 
to maintain the part of the public ways, where said pipes are 
laid, in good condition, to the satisfaction of said Chief En- 
gineer. 

§ 4. As soon as may be practicable after the approval and 
publication of said franchise, it shall be the duty of the Board 
of Public Works to advertise, in the daily newspapers pub- 
lished in the city of Louisville, and which have been selected 
by the General Vouncil to do the public advertising, said fran- 
chise for a period of two weeks, that bids may be properly re- 
ceived for the before-mentioned franchise or privilege, and it 
shall, after such advertisement, receive such bids and award 
said franchise or privilege to the highest and best bidder, sub- 
ject to the approval of the General Council of said city. Said 
advertisement shall reserve the right to reject any and all bids. 

§ 5. The bidder to whom such franchise or privilege shall 
be awarded shall pay the amount of such bid in cash to the 
Treasurer of said city within ten days after the same shall have 
been approved by the General Council, and no bid shall be re- 
ceived or considered by said Board of Public Works, unless 
the bidder shall deposit with his bid a check payable to the 
Treasurer of said city for the sum of $50, and a further sum 
sufficient to cover the costs of advertising provided in Section 
4 of this ordinance. This check shall be duly certified by a 
bank established and doing business in the city of Louisville. 
The said sum of $50 shall be treated as part payment by the 
successful bidder, in case he shall comply with his bid, and if 
he shall not, it shall be treated and retained as liquidated dam- 
ages due the said city. 

§ 6. The bidder to whom said franchise or privilege shall 
be awarded shall within ten days after his bid is approved by 


998 FRANCHISE. 





the General Council of the city of Louisville, pay the amount 
of said bid in cash to the City Treasurer. No bid for such 
franchise or privilege shall be received or considered by said 
board unless such bidder shall at least two hours before the 
time set for such sale, deposit with the Board of Public Works 
of the city of Louisville, a check payable to said Board of Pub- 
lic Works of said city, for. the sum of $50, duly certified by 
some national bank doing business in the city of Louisville, 
which sum. shall be treated as part payment on the purchase 
price by the successful bidder in case he shall comply with the 
terms of his bid; and if he shall not, it shall be kept and re- 
tained by the said city and the franchise shall again be offered 
for sale. If the franchise be finally sold for less than the ac- 
cepted bid of the purchaser who fails to comply with the terms 
of his bid, the city shall have the right to recover the difference 
from such purchaser so failing to comply, credited by the 
amount of his deposited check. Any checks which may be 
deposited by unsuccessful bidders shall be at once returned to 
them. 

The upset price of said franchise or privilege hereby created 
is hereby fixed at the sum of $100, and the Board of Public 
Works shall not accept any bid for less than that amount. 

§ 7. The bidder to whom such franchise or privilege shall 
be awarded shall begin work within one month after this fran- 
chise shall become effective, and within six months shall have 
the main lines completed. 


S 8. The successful bidder shall within ten days after the 
privilege becomes operative, execute a bond to the city of Louis- 
ville, with good and sufhicient sureties to be approved by the 
city, in the sum of $5,000, conditioned upon the faithful per- 
formance and discharge of all the obligations imposed by this 
ordinance. Said bond shatt continue for a period of one year 
from the date thereof, and shall be renewed from time to time 
and when required by the city of Louisville. Said bond shall 
further be conditioned that the purchaser shall defend all suits 
and pay all judgments against the city of Louisville arising 
out of the construction, maintenance or operation of the pur- 
chaser’s conduits, apphances or plant. 

§ 9. The successful bidder shall pay the cost of advertising 
provided in Section 4 hereof. No sale of such franchise shall 
be made for less than the sum of $100. 

The purchaser of said franchise shall have the right to con- 
struct, maintain, operate conduits and manholes and to operate 
pipes within said territory for the distribution of refrigeration, 
and the furnishing of such refrigeration to persons desiring 
the same at reasonable rates, during the term of said franchise. 

§ 10. In case the successful bidder for said franchise or 


FRANCHISE, D) 





privilege shall fail within ten days after said Ixd shall have 
been accepted, to pay to the City Treasurer the full purchase 
price of said franchise or privilege, and to furnish the bond re- 
quired in Section 8 hereof, the Board of Public Works shall 
again advertise said franchise or privilege for sale, as provided 
in Section 4 of this ordinance, and shall again sell said fran- 
chise or privilege in the same manner and upon the same con- 
ditions and requirements in all respects, as the original sale 
of said franchise, or privilege, was made, and in case the suc- 
cessful bidder of such re-sale shall fail or refuse to comply with 
the terms of said sale within the time prescribed, then the Board 
ef Public Works shall again readvertise said franchise or priv- 
ilige for sale in the manner provided herein, and shall continue 
to do so until said franchise or privilege is purchased by some 
bidder who will comply with the terms of said sale. Every 
bidder who fails to comply with the terms of his bid shall be 
liable to the city for the amount by which his bid, less his de- 
posited check, exceeds the amount for which the franchise is 
ultimately sold. 

§ 11. Nothing in this ordinance shall be construed as ex- 
clusive, or as preventing the city of Louisville from granting 
a like privilege to any other person, firm or corporation, 

§ 12. This ordinance shall take effect and be in force from 
und after its passage. 

Approved November 3, 1909. 


FRANCHISE—PENALTY FOR VIOLATING. 


AN ORDINANCE providing a penalty for the violation of any 
of the terms, conditions or provisions of any franchise 
eranted by the city of Louisville to any public service cor- 
poration, firm or individual, and not otherwise provided 
for in the ordinance granting such franchise. 


WHEREAS, a number of public service corporations, in- 
dividuals and companies have been granted franchises of a 
public nature to do business in the city of Louisville, and 

WHEREAS, there are various terms, conditions and pro- 
visions annexed to and made a part of said grants, for the vio- 
lation of which no penalty has been affixed; therefore, 


Be it ordained by the General Council of the city of Louisville: 


§ 1. Hereafter it shall be unlawful for any individual, firm 


200 FREE PUBLIC LIBRARY. 





or corporation, owning or exercising any franchise of a public 
nature under any grant or ordinance of the city of Louisville, 
to violate any of the terms, conditions or provisions of the or- 
dinance or grant under which such franchise is owned or ex- 
ercised, or under which such person, firm or corporation claims 
its right to transact its business in the city of Louisville. 

§ 2. Any person, firm or corporation violating any of the 
provisions of this ordinance, or violating any of the terms, con- 
ditions or provisions of any ordinance under which such per- 
son, firm or corporation exercises or claims a franchise to do a 
public service business in the city of Louisville, and for which 
no penalty is affixed in the ordinance granting same, shall be 
euilty of a misdemeanor, and on conviction shall be fined not 
less than ten dollars nor more than one hundred dollars for 
each offense. Each day any such term, condition or provision 
is violated shall be deemed a separate offense. 

§ 3. This ordinance shall take effect from and after its 
passage. 

Approved November 6, 1909. 


FREE PUBLIC LIBRARY. 


AN ORDINANCE signifying and declaring the purpose and 
intent of the city of Louisville to establish and maintain 
and establishing and undertaking to maintain a Free 
Public Library under and in accordance with the pro- 
visions of an act entitled, “An act providing for the es- 
tablishment and maintenance of Free Public Libraries in 
cities of the first class,” approved March 21, 1902. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the city of Louisville hereby signifies and declares 
its purpose and intent to establish and maintain and does hereby 
establish and undertake to maintain a free public library un- 
der and in accordance with the provisions of the act of the Gen- 
eral Assembly of the Commonwealth of Kentucky, entitled, 
“An act providing for the establishment and maintenance of 
free public libraries in cities of the first class,’’ approved by the 
Governor March 21, 1902. 3 

§ 2. That this ordinance shall take effect from its passage. 

Approved April 12, 1902. 


FURNITURE CARS, 


Go 
iS 
+ ound 


FURNITURE CARS AND OTHER VEHICLES. 


AN ORDINANCE regulating stands for furniture cars and 
other vehicles. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That it shall be unlawful for furniture cars, wagons, 
drays, carts, or other wheeled vehicles to stand waiting for em- 
ployment upon any of the streets of the city of Louisville, ex- 
cept as hereinafter provided. 

§ 2. Furniture cars, or other wheeled vehicles waiting for 
employment, with the consent of the occupant of any business 
or dwelling-house or property fronting or binding thereon (ex- 
cept Fourth avenue and streets bounding the Court-house 
square) are permitted to stand on the north sides of all streets 
during the months beginning October Ist and ending April 
30th; on the south sides of all streets during the months be- 
ginning May lst and ending September 30th; on the east sides 
of all streets during the morning hours up to 12:30 o’clock, 
noon; and on the west sides of all streets during the evening 
after 12:30 o’clock, noon. 

§ 3. They shall stand close to the curbstone, and remove 
from place to place at the stand, or change place, as may best 
promote the convenient transaction of business by other per- 
sons or vehicles; and to facilitate such business any policeman 
shall, when expedient, give orders as to the vehicles, directing 
their positions and management. 

§ 4. For a failure to comply with the requirements of this 
ordinance, or any order of a policeman in enforcing the same, 
the owner or driver shall be fined for each offense not less than 
five dollars nor more than twenty dollars. 

§ 5. All ordinances or parts of ordinances in conflict with 
this ordinance are hereby repealed. 

Approved June 28, 1898. 


302 GARBAGE. 





GARBAGE—REMOVAL. 


AN ORDINANCE prohibiting the sweeping, throwing, or 
placing of dirt, trash, garbage, or other waste on the side- 
walks, or into the gutters of the public ways of the city of 
Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That hereafter it shall be unlawful to sweep, throw, or 
place any dirt, trash, garbage, or waste on the sidewalks, or into 
the gutters of the public ways of the city of Louisville. 

§ 2. All such dirt, garbage, trash, or waste shall be placed 
in boxes, barrels, or other receptacles, and the same deposited on 
the curb or sidewalk in front of the premises from which it 
came before 7 o’clock A. M. of each day, so that it may be re- 
moved by the proper employes of the city. 

§ 3. Any violation of any of the provisions of this ordinance 
shall be punished by a fine of not less than five dollars nor more 
than twenty dollars for each offense. 

§ 4. All ordinances in conflict herewith are hereby repealed. 

§ 5. This ordinance to take effect from its approval. 

Approved October 8, 1895. 


GARBAGE—REMOVAL. 


AN ORDINANCE to prohibit the throwing or placing of dirt 
or rubbish or material of any kind in any of the public 
ways of the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That it shall be unlawful for any person or persons to 
thee or place any dirt, rubbish, nails, tacks, spikes, wire, 
broken bits of metal, olass, pottery ware, or any sharp or dan- 
gerous rubbish, stone, or material of any ‘kind in any street, al- 
ley, or public ways of the city of Loui: sville, or thereby impede 
or obstruct the flow of water in any gutter of any street, alley, 
or Pun way in the city of Louisville. 

§ 2. Any person violating any of the provisions of this or- 
dinance shall be fined not less than five nor more than twenty 
dollars for each offense. 


GARBAGE. 363 








~~ - —_—_— —_—— — ——- — —+—_— —— —_— 


§ 5. This ordinance shall not prevent the use of streets or 
alleys in case where buildings are being erected in such man- 
ner as now provided by law. 

§ 4. This ordinance shall take effect from and after its pas- 
sage. 

Approved October 8, 1895. 


i 


GARBAGE—REMOVAL. 


AN ORDINANCE regulating the removal of ashes, garbage, 
trash, rubbish, etc., in the city of Louisville. 


Be it ordained by the General Cowncil of the city of Louisville: 


§ 1. It shall be unlawful for any owner, tenant, lessee or 
occupant of any building or place of business within the limits 
of the district of the city of Louisville, described in section 4 
of this ordinance, to throw or lay any ashes, offal from kitchen, 
garbage, shells, straw, shavings, glass, dirt, old hoops, trash, 
rubbish, or sweepings of any kind whatever, or allow any 
noxious and impure lhquid to run or flow into or upon any 
public way or other public place in the city of Louisville; but 
it shall be the duty of every owner, tenant, lessee, or occupant 
of any and every building or place of business within the limits 
of the district described in section 4 of this ordinance, forth- 
with to provide, or cause to be provided, and at all times there- 
after to keep and be kept provided within such building or 
upon the premises suitable and sufficient boxes, barrels, or tubs 
for receiving and holding, without leakage, and without being 
filled within four inches of the top thereof, all the ashes, rub- 
bish, garbage, and liquid substances of whatever kind that may 
accumulate during thirty-six hours from said building or place 
of business, or the portion thereof of which such person may be 
the owner, tenant, lessee, or occupant. 

§ 2. That it shall be the duty of every owner, tenant, lessee, 
or occupant of any and every building and place of business 
within the limits of the district described in section 4 of this 
ordinance, to provide a separate receptacle for ashes, rubbish, 
ete., and another for garbage and liquid substances, the latter 
receptacle to be made of or lined with some suitable metal; and 
all ashes, rubbish, etc., shall not be placed or kept in the same 
vessel with garbage and liquid substances. 

§ 3. All boxes, or other receptacles, required under the 
provisions of sections 1 and 2 of this ordinance, shall be placed, 


204 | GARBAGE. 





between the hours of sunrise and 10 o’clock A. M., at such time 
as may be required or fixed by the person or persons whose 
duty it shall be to remove the same, on all paved streets run- 
ning north and south, in the rear of the property of the owner, 
tenant, lessee, or occupant thereof, if there is a paved alley in 
the rear of the same, or in front thereof if there is not, on Mon- 
days, Wednesdays, and Fridays; and on all paved streets and 
allevs running east and west on Tuesdays, Thursdays, and Sat- 
urdays. If such boxes, vessels, or receptacles are placed on the 
sidewalk they shall be "placed within one foot of the curbstone 
thereof, or edge next to the street pavement; and all such boxes, 
vessels, and other receptacles shall be removed from the side- 
walk by the owner, tenant, or occupant of the property within 
one hour after they shall have been emptied; and the same, al- 
though they shall not have been previously emptied, shall ‘not 
be allowed by the owner, tenant, lessee, or occupant of the 
property to remain on any street, alley, sidewalk, or other pub- 
lic place after the hour of 10 A. M. 


§ 4. That the limits of the district covered in this ordinance 
shall be as follows: Beginning at a point in the center line of 
Chestnut street at the center line of Ninth street; thence south- 
wardly with the center line of Ninth street, and Ninth street, 
extended, to the center line of Brandeis avenue, extended; 
thence eastwardly with the center line of Brandeis avenue, and 
Brandeis avenue, extended, to the center line of Flat Lick road; 
thence in a straight line to a point in the center line of Texas 
street, extended, where it is intersected by the center line of the 
first alley south of Forest street, extended; thence with the cen- 
ter line of Texas street, and Texas street extended, to the center 
line of Goss avenue; thence northeastwardly in «a straight line 
to the intersection of the center line of Baxter avenue, with the 
center line of Finzer or Park avenues; thence with the center 
line of Finzer or Park avenues, to the center line of Everett 
avenue; thence: northwestwa wdly_ with the center line of Everett 
avenue, and Everett avenue, extended, to the center line of Bax- 
ter avenue; thence with the center line of Baxter avenue to the 
center line of Chestnut street, extended; thence with the center 
line of Chestnut street, and Chestnut street, extended, to the 
point of beginning. 

§ 5. Any person who shall willfully turn over or upset any 
of the vessels or receptacles used for any of the purposes defined 
in this ordinance, thereby spilling the contents or any portion 
of them on any street, alley, or other public place, shall, on 
conviction thereof, be fined as provided for in section 6 of this 
ordinance, 

§ 6. For any violation of any of the provisions of this or- 
dinance by the owner, tenant, lessee, or occupant of any build- 


GAS AREITRATORS. 


ing or place of business within the district described in section 
4 of this ordinance, shall subject the person or persons guilty 
thereof to a fine of not less than one ($1.00) dollar, nor more 
than five ($5.00) dollars for each offense. 

§ 7. That all other ordinances in conflict with this ordi- 
nance are hereby repealed. 

§ 8. That this ordinance shall take effect from and after 
its approval. 

Approved April 7, 1905. 


GAS ARBITRATORS. 


AN ORDINANCE providing for compensation for the arbi- 


trators selected to fix the price of gas of the Louisville Gas 
Company. 


Be it ordained by the General Council of the city of Louisville : 


§ 1. That the compensation for the services of the arbi- 
trators elected in the years 1905, 1908, and 1913, to fix the 
price of gas, as provided for in the charter of the Louisville Gas 
Company, and the amendments thereto, shall, in so far as the 
liability of the city of Louisville is concerned, be five hundred 
($500) dollars for the arbitrator selected by the city of Louis- 
ville; two hundred and fifty ($250) dollars for the third arbi- 
trator, he. being the one selected by the other two, or by the 
chancellor of the Louisville chancery court; and a sum not ex- 
ceeding two hundred and fifty ($250) dollars for expenses, if 
any, incurred necessarily in the performance of the labors of 
said arbitration. 

~ § 2. All ordinances in conflict herewith are hereby re- 
pealed. 

§ 3. This ordinance shall take effect from and after its 
publication. 

Approved May 2, 1899. 


306 GAS INSPECTOR. 





GAS INSPECTOR. 


AN ORDINANCE providing for the appointment of a City 
Gras ne and prescribing his duties and compensa- 


tion, 
Be it ordained by the General Council of the city of Louisville: 


S 1. That the Mayor of the city of Louisville is hereby au- 
thorized and empowered to appoint, subject to the approval of 
the General Council, a competent person as the ‘City Gas In- 
spector,” who shall own no stock and not be interested, directly 
or indirectly, In any gas company doing business in the city 
of Louisville. 

S 2. Before entering into office said City Gas Inspector shall 
give bond, to be approved by the Mayor and the General Coun- 
cil, in the sum of five thousand dollars for the faithful per- 
formance of his duties. He shall have his office in the City 
Hall, accessible to gas consumers and citizens. He shall receive 
a salary at the rate of eighteen hundred dollars per annum, 
payable monthly, in like manner with the salaries-of other city 
officers and employes. 

§ 3. It shall be the duty of said inspector to examine into: 
any illeeed errors 1n the gas bills of consumers, private or pub- 
lie, w hen called upon by the consumer to do so, and to correct 
the same when erroneous; to examine into the monthly gas. 
bills, if any, rendered against the city of Louisville and to cor- 
rect the same; to make. daily tests of the gas furnished as to 

candle power and quality; to serve on the company furnishing 
such gas written notice of any defect or failure in the power or 
quality of the gas on each day on which said test shall show such 
defect or failure; to make a certified report of such defect or 
failure, the duration thereof, and such damages as may have 
been sustained with a certificate that written notices were 
served on the company furnishing the gas, to the General Coun- 
cil within thirty days after the beginning of such defect or fail- 
ure, and from time to time thereafter in the event such defect 
continues or recurs. It shall be the duty of said inspector to 
examine into the reports furnished by any such gas company 
to the General Council and to advise the Mayor if ‘the same are: 
unsatisfactory. Said inspector shall have a general supervision 
over all the Sitar of any gas company doing business in the 
city of Louisville, and shall have the authority and power to: 
do all such acts and have all such access to the property of such 
company as may be necessary for the faithful discharge of the 
duties herein imposed upon him; provided, however, that before 


GLUE, OIL AND GREASE FACTORIES. 307 





said inspector shall correct any bill of a private consumer or of 
the city, he shall make inquiry of the treasurer of the gas com- 
pany in reference to any error alleged to be therein, and if satis- 
fied that there is an error he shall give a certificate, over his 
signature, of the correction of such bill. 

§ 4. All ordinances and parts of ordinances in conflict here- 
with are hereby repealed. 

§ 5. This ordinance shall take effect from and after its pas- 
sage. 


Approved April 7, 1908. 


GLUE, OIL AND GREASE FACTORIES. 


AN ORDINANCE concerning manufactories for soap grease, 
coal oil, ete., in the city of Louisville. 


No establishment for making coal oil, grease, glue, refining 
or petroleum, or the manufacture of coal oil or soap grease shall 
be erected within the limits of the city, except under express 
permission of the General Council; and such permission shall 
not be granted unless it be applied for in writing, setting forth 
the nature and objects of the proposed establishment, and signed 
by a majority of the persons owning property, as well as of those 
residing on the square on which it is proposed to be erected. If 
any such establishment be erected and conducted without such 
permission, and within the district or boundary named in the 
first section of this ordinance, and so as to cause any unwhole- 
some or offensive matter or odor, the owner or occupant of such 
establishment shall be fined not less than fifty dollars nor more 
than one hundred dollars for. each day said establishment is 
continued as aforesaid. 


Approved June 18, 1870. 


308 HOUSEHOLD GOODS—REGULATING MOVING OF. 





HOUSEHOLD GOODS—REGULATING MOVING OF. 


AN ORDINANCE regulating the moving of household goods, 
furniture, pianos and personal effects of residents of the 
city of Louisville, whereby their places of residence are 


changed. 
Be it ordained by the General Council of the city of Louisville: 


§ 1. That it is made the duty of all persons, firms or cor- 
porations, owning or operating any moving van, furniture car,. 
transfer wagon, express wagon, delivery wagon or any other 
vehicle, who shall haul or move, or cause to be hauled or moved, 
any article of household goods, furniture, pianos or personal 
effects of any resident of the city of Louisville, changing the 
place of his or her residence, to make a report thereof to the 
Board of Public Safety-of the city of Louisville, which report. 
shall be made within ten days thereafter, on blanks furnished 
by said Board of Safety, and shall contain generally the char- 
acter of property so moved, the full name of the owner or per- 
son in possession or having the custody thereof, and the address. 
from which and to which said hauling or moving was done;. 
the date thereof and the name of the owner and person in 
charge of such vehicle. | 

§ 2. It shall be the duty of the Board of Public Safety to 
furnish the blanks necessary for making such reports and to 
properly keep said reports on file in the office of said board in 
a register or by other method, for preserving the same. 

§ 8. It shall be unlawful for any person, firm or corporation: 
procuring the removal of any of the property herein described. 
to give to the owner or operator of any vehicle employed to 
haul such property a fictitious name or to refuse to give the 
correct name of the owner or party in possession of such prop- 
erty, or to willfully deceive him as to the same. 

§ 4. Any person, firm or corporation violating any of the 
provisions of this ordinance shall be guilty of a misdemeanor, 
and upon conviction thereof shall be fined not less than $5.00: 
nor more than $50.00 for each offense. 

§ 5. All ordinances, or parts of ordinances, in conflict here- 
with, are hereby repealed. 

§ 6. This ordinance shall take effect from and after its pas- 
sage, approval-and publication. 

Approved September 8, 1908. 


INSURANCE—INTEREST ON WARRANTS. 309 


INSURANCE. 


AN ORDINANCE punishing any person, firm, or corporation: 
soliciting, inspecting, or doing business in the city of 
Louisville for any insurance company not having a li-- 
censed office in the city of Louisville. 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. Any person, firm, or corporation, clerk, employe, or” 
agent who shall inspect, solicit, or do any business of any kind 
whatever in the city of Louisville, for any insurance company 
not having a licensed office in the city of Louisville, shall be: 
fined in a sum of not exceeding one thousand dollars for each: 
offense. 

§ 2. Any one so offending shall at once be arrested and 
taken before the police court, if same is in session; if not in- 
session, then before said court as soon as same shall be in ses- 
sion; but may be permitted to give bond, as in other cases of 
misdemeanor. 

§ 3. This ordinance shall in no wise apply to fraternal as-- 
sociations. 

§ 4. This ordinance shall take effect from its publication.. 

Approved December 22, 1896. 


INTEREST ON WARRANTS. 


AN ORDINANCE concerning the payment of the principal’ 
_and interest of city warrants and notes. 


Be it ordained by the General Council of the city of Louisville: 


S$ 1. That all warrants of the city of Louisville, the issue 
of any fiscal year, that remain unpaid three months after their: 
date, shall be interest-bearing at the rate of 6 per cent. per 
annum from the expiration of said period of three months until 
paid; provided, such warrants shall have been duly presented 
for payment to the City Treasurer, and payment thereof re- 
fused on account of no funds in the treasury . 

§ 2. That interest on all-outstanding warrants, the issue of 
any fiscal year, shall be chargeable to and payable out of any 
sum appropriated for that purpose by the General Council from 
the fund created by the levy for general purposes of any cur- 
rent fiscal year. 


216 INTEREST ON WARRANTS. 








§ 3. That whenever the holder of a city warrant, the issue 
of any fiscal year, presents a claim for interest thereon to the 
City Comptroller, said Comptroller shall ascertain the amount 
of interest theron from the expiration of three months after 
the date of its issue, or from the date of the last previous pay- 
ment of interest thereon, and shall register such claim for inter- 
est in a book kept by him for that purpose, and prepare a claim 
or voucher for the amount of interest due. The City Auditor shall 
issue to the holder of said voucher his warrant drawn upon the 
City Treasurer for the amount of said interest. Upon the pre- 
sentation to the City Treasurer for such original and interest 
warrants said Treasurer shall pay said interest warrant to the 
holder thereof, and shall stamp upon said original warrant (if 
not then also paid), over his official signature, in substance: 

“Interest paid to day of ;’ and shall redeliver 
said original warrant (if not then paid) to the holder who thus 
pres sented the same. 

§ 4. That from and after the passage and publication of 
this ordinance the City Auditor shall stamp over his official 
signature, or have engraved on the face of each and every city 
warrant to be issued by said Auditor the following words, viz: 
“This warrant shall not bear interest until the expiration of 
three months after its date.” 

§ 5. That all outstanding city warrants, the issue of any 
fiscal year, shall be hereafter subject to the call of the City 
Treasurer at any time for payment, either by written or printed — 
notice to the holder or holders thereof, or by three publications 
in successive issues in the two daily papers which are at the 
time doing the official advertising of the city, as required by 
law, and upon the failure or refusal of such holder or holders 
of such warrant or warrants to present the same for payment on 
or before the date fixed in such notice or advertisement call by 
the City Treasurer, interest on said warrant or warrants shall 
cease from and after the date fixed in such notice or call. 

§ 6. That in the month of February of each year the 
Comptroller shall, by notice in the official newspapers, or by 
written or printed notice sent to the holder or holders of out- 
standing interest-bearing warrants, call for all such warrants 
to be presented to him at his office for the purpose of registering 
and computing the interest on said warrants to the first day of 
March following, as provided for in section 7 of this ordinance. 


§ 7. That interest on al! outstanding city warrants, the is- 
sue of any fiscal year, shall be due and payable on March first 
of each fiscal year at the office of the City Treasurer; provided, 
however, that this provision shall not apply to the interest due 
and payable on any warrant or warrants when the Treasurer 
shall have paid in full such original warrant or warrants to any 








JUNK DEALERS. 311 


holder or holders thereof under the call of the Treasurer, as. 
provided for in section 5 of this ordinance. 

§ 8. That all ordinances and resolutions of the General 
Council in conflict with this ordinance are hereby repeated. 

§ 9. That this ordinance shall be in force from and begin- 
ning with September 1, 1902. 

Approved August 25, 1902. 


JUNK DEALERS. 
Who Go From House to House. 


AN ORDINANCE regulating junk dealers in the city of Louis-- 
ville. 


Be it ordained by the General Council of the city of Lowisville: 


§S 1. That every person, firm, or corporation who goes from 
house to house in the city of Louisville offering vo buy, or buy- 
ing, old iron or other-metals, rags, old rope, or other junk,, 
shall be deemed juni dealers within the meaning of this ordi- 
nance. 

§ 2. It shall be unlawful for any person, firm or corporation: 
to carry on the business of junk dealer in the city of Louisville: 
until he or they have executed bond to the city of Louisville,. 
approved by the General Council, in the sum of fifty dollars, 
conditioned that he or they will faithfully perform and observe: . 
all the regulations of this ordinance. Said bond shall be exe- 
cuted in the Sinking Fund office, in the presence of the treas- 
urer and secretary of the Sinking Fund, and shall be trans-- 
mitted to the General Council for approval and when approved 
the Comptroller shall be the custodian of said bond, and shall 
notify the treasurer and secretary of the Sinking Fund of such 
approyvel; and no license shall be issued to any junk dealer un-- 
til the bond of said junk dealer has been approved by the Gen-- 
eral Council. After the approval of the bond, and on applica-- 
tion of said junk dealer, and of payment of the license therefor, 
the Commissioners of the Sinking Fund shall furnish to said 
junk dealer, free of charge, a metal badge, with the following 
words: ‘ ‘City of Louisville. Sinking Fund. Licensed junk 
dealer. No. ...... PERI ORs Akos unas eae ie 


Each junk dealer who shall go from house to house buying: 
or Aforine to buy, old iron or other metals, rags, old rope, or 
other junk, shall wear said badge upon his person in a con- 
spicuous place in such manner that it may always be seen. 


312 JUNK DEALERS. 


a 


It shall be unlawful for any person to wear, or have in his 
possession, the badge herein required, unless the be the licensed 
junk dealer in whose name the license is issued. 

No junk dealer’s license shall give authority for more than 
one person to buy or offer to buy under it; nor shall any per- 
son to whom it is granted buy or offer to buy by agent or clerk, 
or in any other way than his own proper person, but each 
agent or clerk shall procure a separate license. 

Each junk dealer while engaged in buying, or offering to 
buy old iron or other metals, rags, old rope, or other junk, 
shall carry his license and exhibit the same whenever requested 
to do so by a license or police officer. 

On the expiration of the license of any junk dealer, he shall 
surrender his badge to the Commissioners of the Sinking Fund. 

It shall be unlawful for any person to destroy, deface, or in- 
jure said badge in any manner, or change the numbers or dates 
thereon. 

§ 3. No junk dealer or any person engaged in the junk 
business, shall at any time or under any circumstances, be al- 
lowed to purchase goods, wares, merchandise, materials, or 
things whatsoever from a minor. 


§ 4. Every person, firm, or corporation within the meaning 
of this ordinance, shall keep a register, which shall contain the 
name of the person or persons from whom the article or arti- 
cles are purchased, date when received, his or her residence or 
place of business, and a full description of said article or articles, 
same to be in plain, legible English handwriting, and shall 
daily furnish to the chief of police by 11 0’clock A. M., in plain 
legible English handwriting, a true and correct report of all 
goods so purchased or otherwise in their possession, describing 
the goods as accurately as practicable. It shall be the duty of 
any person, firm, or corporation to allow any captain of police 
or officer or officers designated by the chief of police or chief 
of detectives, upon written order, to examine and inspect said 
register, and if sufficient information can not be gained from 
an inspection of said register, it shall, upon the request of said 
officer or officers, be the duty of any person, firm, or corpora- 
tion, to permit and allow said officer or officers to examine and 
inspect any and all articles belonging to, or temporarily left in 
charge of such person, firm, or corporation. For failing to 
keep said register, or failing to furnish to the chief of police 
such daily reports, or making an incorrect registry of all goods 
bought, each person, firm, or corporation shall be fined not less 
than five dollars, nor more than twenty-five dollars for each 
and every offense, each day the failure to report is continued to 
constitute a separate offense. 


JUNK MERCHANTS. 


Co 
je 
Ww 


§ 5. It shall be the duty of the chief of police to furnish 
blanks for the reports herein provided for. 

§ 6. Any person, firm, or corporation who shall neglect, 
violate, or refuse to comply with either or all of the provisions 
of this ordinance, shall be fined not less than five dollars, nor 
more than twenty-five dollars, for each and every offense; each 
day the failure to comply is to constitute a separate offense. 

§ 7. That an ordinance, entitled “An ordinance regulating 
junk business in the city of Louisville,’ approved February 20, 
1897, and published February 23, 1897, and all other ordi- 
nances in conflict herewith are hereby repealed. 

§ 8. This ordinance shall take effect from and after its vag 
lication. 

Approved March 20, 1897. 


JUNK MERCHANTS. 
Having an Established Place of Business. 


AN ORDINANCE regulating junk merchants having an es- 
tablished place of business in the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That -every person, firm, or corporation who shall 
carry on the business of buying or selling old iron and other 
metals, rags, or old rope, or other junk, at an established place 
of business in the city of Louisville, shall be deemed junk mer- 
chants. 

§ 2. It shall be unlawful for any person, firm, or corpora- 
tion to carry on the business of junk merchant at an established 
place of business in the city of Louisville without having first 
executed a bond to the city of Louisville, approved by the Gen- 
eral Council, in the sum of one hundred dollars, conditioned 
that he or they will faithfully perform and observe all the regu- 
lations of this ordinance. Said bond shall be executed in the 
Sinking Fund office, in the presence of the treasurer and secre- 
tary of ‘the Sinking Fund, and shall be transmitted to the Gen- 
eral Council for approval, and, when approved, the Comptroller 
shall be the custodian of said bond and shall notify the treas- 
urer and secretary of the Sinking Fund of such approval, and 
no license shall be issued to any ‘such person, firm, or corpora- 
tion until such bond ‘has been approved by the Gener al Council. 

§ 3. No person, firm, or corporation carrying on the busi- 
ness of junk merchant at an established place of business in 


214 JUNK MERCHANTS. 











the city of Louisville shall at any time, or under any cireum- 
stances, be allowed to buy old iron, or ‘other metals, rags, old 
rope, or other junk from a minor. 

§ 4. Every person, firm, or corporation carrying on the 
business of junk merchant that an established place of business 
in the city of Louisville shall keep a register, which shall con- 
tain the name of the person or persons from whom any junk 
is purchased, the date when purchased and received, the resi- 
dence or place of business of such person or persons, and a full 
description of such junk so purchased, same to be in plain, 
legible English handwriting, and shall daily, by 11 o'clock 
A. M., furnish to the Chief of Police, in plain, legible English 
handw riting, a true and correct report of all junk so purchased, 
or otherwise in their possession, describing the junk as accu-. 
rately as possible. It shall be the duty of every junk merchant 
to allow any captain of police or officer or officers designated by 
the chief of police of chief of detectives, upon a written order to: 
examine and inspect said register, and, if sufficient information 
can not be gained from an inspection of said register, it shall, 
upon the request of said officer or officers, be the duty of any 
such junk merchant to permit and allow said officers to examine: 
and inspect all such junk belonging to, or temporarily left in 
charge of, said junk merchant. 

S 5. It shall be the duty of the chief of police to furnish 
blanks for the reports herein provided for. 

S 6. Any person, firm or corporation who shall neglect or 
refuse to comply with, or violate any or all of the provisions of 
this ordinance, shall be fined not less than five dollars nor more 
than twenty-five dollars for each offense. Each day such per- 
son, firm, or corporation shall neglect or refuse to comply with,. 
or violate any of the provisions of this ordinance, shall consti- 
tute a eee offense. 


S 7. All ordinances in conflict herewith are hereby re- 
pe eAleil 

§ 8. This ordinance shall take effect from and after its 
publication. 


Approved March 20, 1897. 


LICENSES. O4in 


LICENSES. 


AN ORDINANCE providing for certain licenses, the fees there- 
for to be paid into the Sinking Fund of the city of Louis- 
ville. 


Be it ordained by the General Council of the city of Louisville: 


$ 1. That hereafter the following licenses shall be paid 
into the Sinking Fund of the city of Louisville for the purposes 
of the Sinking Fund, for doing the business, following the 
callings, occupations and professions, or using or holding, or 
exhibiting the articles hereinafter named in the city of Louis- 
ville, in addition to the ad valorem taxes heretofore levied or 
hereafter to be levied on any species of property in the city of 
Louisville. 

§ 2. Every practicing expert, accountant, public account- 
ant, or public auditor shall pay a license of ten dollars per year. 
Should any expert accountant, public accountant, or public 
auditor be associated in a firm, ‘each member of the firm shall 
pay a separate license. 

§ 3. Every advertising agent shall pay a license of twenty- 
five dollars per year. 

4. Every person, firm or corporation conducting a place 
where lawful exhibitions of athletic contests are given for 
which there shall be any fee for admission charged, either by 
the sale of tickets or by any other devise, by which money or 
other thing of value shall be received or paid for admission, 
shall pay license of twenty-five dollars per year. 

The license for each public ball or dance, for which there 
shall be any fee for admission charged, either by the sale of 
tickets or by any other device by which money or other thing 
of value shall he received or paid for such ball or dance, shall be 
twelve dollars and fifty cents. 

The license upon circuses, menageries, wild ‘west, hip- 
podrome, or similar shows, exhibited in or under tents, or at 
places other than in a licensed theater, shall be as follows: 

For each day any circus, menagerie, wild west, hippodrome, 
or similar show is exhibited in or under a tent or tents, or at a 
place other than in a regular licensed theater, the lense shall 
be three hundred dollars for the principal show and twenty-five 
dollars for each side show therewith. 

The license for each concert for which there shall be any 
fee for admission charged either by the sale of tickets or by 
any other device by which money or thing of value shall be re- 
ceived or paid for such concert shall be five dollars. 

The license for each concert-hall shall be twelve dollars and 
fifty cents per day. 


216 LICENSES. 





The license for each lecture for which there shall be a fee 
for admission charged either by the sale of tickets or by any 
other device by which money or other thing of value shall be 
received or paid for such lecture shall be five dollars. 

The license for each museum, exhibition or performance 
not in connection with any circus or menagerie shall be fifty 
dollars per month, or five dollars per day when less than one 
month’s license is taken out. 

The license for the exhibition for pay of any painting or 
statuary, or other work of art, shall be thirty dollars per month. 
Any person, firm or corporation having paid one or more full 
month’s license and desiring to continue such exhibition for an 
additional fraction of a month may do so by paying at the rate 
of two dollars per day. 

Every person, firm or corporation who shall conduct scien- 
tific, electrical and submarine exhibits, at which an admission 
fee shall be charged, shall pay a license of $30 per month. Any 
person, firm or corporation having paid one or more month’s 
license and desiring to continue said exhibition for an addi- 
tional fraction of a month, may do so by paying at the rate of 
$2 per day. 

The license for each theatrical exhibition or performance 
shall be $10 per day. 

The license for each exhibition of trained animals only for 
which an entrance fee not exceeding twenty-five cents is 
charged, shall be $25 per day. 

The license for each exhibition or performance for which a 
different license is not provided by ordinance shall be $12.50 
per day. 

The license for each hall or public building other than a 
licensed theater, hall, or ballroom wherein entertainments are 
_given or held in the city for pay, or an entrance fee is charged 
either by the sale of tickets or by any other device by which 
money or other thing of value shall be received. or paid, shall 
be $5 per day for each day so used. 

The license for each theater, museum, concert hall, lecture 
hall, public dancehouse, or public ballroom, shall be $250 per 
year. Where a yearly license is paid on any theater, hall, gar- 
den or other place of public amusement, no special license shall 
be required for entertainments given therein. 

The fact that no admission fee is charged to any place of 
amusement or exhibition, or that no money is charged for any 
of the games herein mentioned, shall not excuse the person 
exhibiting, using or operating same from payment of the 
license herein required, if any commodity is sold for money 
in connection with said exhibition, amusement or game, or 
said exhibition, amusement, or game is used for the purpose of 


LICENSES. ehh 


attracting customers for the purchase of any commodity what- 
soever, or if they are used in connection with, or as an adjunct 
to, any business, occupation or calling followed for profit. 

§ 5. Every practicing architect shall pay a license of $10 
per year. Should any practicing architect be associated in a 
firm, each member of the firm shall pay a separate license. 

§ 6. Each practicing attorney or counsellor at law shall pay 
a license of $10 per year. Should any practicing attorney or 
counsellor at law be associated in a firm, each member of the 
firm shall pay a separate license. 

§ 7. Every person who offers at public sale property, real 
or personal, bonds, stocks or other commodity, to the highest 
or best bidder, shall be deemed an auctioneer, and shall pay a 
license as follows: 

Each person whose annual sales are over $250,000 shall be 
deemed an auctioneer of the first class, and shall pay an annual 
license of $100. 

Each person whose annual sales are not less than $150,000 
and do not exceed $250,000, shall be deemed an auctioneer of 
the second class, and shall pay an annual license of $75. 

Each person whose annual sales are not less than $50,000 
and do not exceed $150,000, shall be deemed an auctioneer of 
the third class, and shall pay an annual license of $50. 

Each person whose annual sales do not exceed $50,000 shall 
be deemed an auctioneer of the fourth class, and shall pay a 
license of $25 per year. 

Each and every member of a firm who shall conduct an 
auction as an auctioneer shall pay a separate license. 

§ 8. Each barber shop shall pay a license of five dollars per 
annum for conducting the business of 'barbering. 

§ 9. Every person, firm or corporation who distributes bills, 
dodgers, circulars, pamphlets or other printed or advertising 
matter, as a business, shall pay an annual license of twenty-five 
dollars. 

§ 10. Every person, firm or corporation who posts, tacks, 
paints or places bills or advertisements in or upon houses, walls, 
fences or stands erected for the purpose, as a business, shall pay 
a license of one hundred and twenty-five dollars per year. This 
one hundred and twenty-five dollars license fee shall entitle the 
person, firm or corporation so licensed to distribute bills, dodg-— 
ers, circulars, pamphlets or other printed matter without any 
additional license therefor. | 

§ 11. Every person, firm or corporation conducting a pub- 
lic bath-house shall pay a license of ten dollars per year. 

§ 12. Every person, firm or corporation maintaining or 
operating a billiard or pool, or pigeon-hole table, not kept ex- 


318 LICENSES. 





clusively for family use in the family residence, shall pay a 
license of twenty- five dollars per year for each table. 

§ 13. Every person, firm or corporation operating or con- 
ducting a public boarding-house, wherein transient guests are 
entertained, shall pay a license of ten dollars per year. 

§ 14. Every person, firm or corporation maintaining or 
operating a bowling alley, not kept exclusively for family use 
in the family residence, shall pay a license of twenty-five dol- 
lars per year for each bowling alley. 

§ 15. Every person, firm or corporation maintaining or 
operating a box ball alley, not kept exclusively for family use 
in the family residence, shall pay a license of fifty dollars per 
year for each box ball alley. 


§ 16. Every place wherein clothing, wearing apparel, bed 
clothing, household furnishings, linens, wash goods of all 
kinds and descriptions, or other articles, are received to be 
laundered, or to be sent elsewhere to be laundered, if such 
place wherein said articles are received is not a regularly h- 
censed laundry, shall be deemed a branch laundry office, and 
each person, firm or corporation conducting such a branch 
laundry office shall pay a license of ten dollars per year. 

S 17. Each person who. shall solicit or collect clothing, 
wearing apparel, bed clothing, household furnishings, linens, 

wash goods of any kind or description, or other articles to be 
faa vee? unless such person be a regularly licensed laundry- 
man, sh all be deemed a laundry solicitor, and shall pay a license 
of fifty dollars per year. 

§ 18. Every person, firm or corporation doing business as a 
lumber broker shall pay a license of twenty- five dollars per 
year. 

§ 19. Every person, firm or corporation who sells at retail 
bowie knives, dirks, brass knucks or slung shots, shall pay a 
license of one thousand dollars per year. 

§ 20. very person, firm or corporation who negotiates the 
purchase or sale of bonds, stocks, promissory notes or other 
securities shall be deemed a stock broker or financial agent, and 
shall pay a license of sixty dollars per year. 

§21. Every person, firm or corporation engaged in the busi- 
ness of buying, selling or negotiating the purchase or sale of 
goods, wares and merchandise to merchants or dealers, shall be 
deemed a merchandise broker, and shall pay an annual license 
as follows: 


Merchandise brokers whose business amounts to more than 
three hundred thousand dollars per annum shall pay a license 
of fifty dollars per year. 

Merchandise brokers whose business amounts to more than 
two hundred thousand dollars and does not exceed three hun- 


LICENSES. 319 





dred thousand dollars per annum shall pay a license of thirty- 
five dollars per year. 

Merchandise brokers whose business does not exceed two 
hundred thousand dollars per annum shall pay a hecense of 
iy aK e dollars per vear. 

§ 22. Every ticket broker, scalper, person, firm or corpora- 
tion who buys or sells theatrical, railroad or steamboat tickets, 
shall pay a license of fifty dollars per year. It shall be unlaw- 
ful for any person so licensed to buy, sell or exchange any 
tickets on any street, alley or thoroughfare or at any other 
place than within the place where said license is permanently 
located. 

§ 25. Every person, firm or corporation who buys or sells 
leaf tobacco for the public, on commission or for compensation, 
shall be deemed a tobacco broker, and shall pay a license of 
thirty-five dollars per vear. 

§ 24. Every person who slaughters cattle or livestock of 
any kind shall be deemed a butcher and every person so en- 
gaged shall pay a license of twenty-five dollars per year. 

$ 25. Every person, firm or corporation who sells at whole- 
sale or retail cigarettes, or cigarette paper, whether the cigarette 
paper is sold or given away, attached to packages of tobacco, or 
thrown down, or away, or so placed as to put any party in pos- 
session of the same by artifice or trick, shall, pay a license of ten 
dollars per vear, Every wholesale or retail dealer or jobber 
selling or giving away the articles aforesaid shall pay a license 
of fifty dollars per year. 

§ 26. Every practicing chir opodist shall pay a license of ten 
dollars per year. Should any practicing chiropodist be asso- 
ciated in a firm, each member of the firm shall pay a separate 
license. 


§ 27. Each practicing civil engineer shall pay a license of 
ten dollars per year. Should any practicing civil engineer be 
associated in a firm, each member of the firm shall pay a sepa- 
rate license. 

§ 28. Every claim agent shall pay a license of twenty-five 
dollars per vear. 

§ 29. Every person, firm or corporation operating or con- 
Ria cold storage or refrigerator plant, shall pay a license of 
one hundred dollars per year on each plant operated or con- 
ducted. 

§ 50. Every person, firm or corporation w ho operates, con- 
ducts or carries on the business of a collecting agency for the 
collection of claims, and having an established place of busi- 
ness in the city of Louisville, shall pay a license of fifty dollars 
per year. 

§ 31. Every ,person, firm or corporation engaged in the 


390 LICENSES. 


business of contracting for public, railroad or bridge work, 
shall pay a license of one hundred dollars per year. 

§ 32. Every person, firm or corporation carrying on the 
business of general contractor or master builder for private 
buildings or work shall pay a license of twenty-five dollars per 
year. 

§ 33. For each dancing school or academy the license shalk 
be twenty-five dollars per year. 

§ 34. Every person, firm or corporation who buys or sells 
livestock shall be deemed a dealer in livestock and shall pay a 
license of forty dollars per year. Said license shall give the 
privilege 'to the person or firm only to whom issued, and in no 
event shall any clerk, employe or agent of said firm or any other 
person be allowed to ‘buy or sell livestock on said license. 

§ 35. Each practicing dentist shall pay a license of ten dol- 
lars per year. Should any practicing dentist be associated in a 
firm, or in the employ of any firm, then each member of said 
firm and each practicing dentist employed by said person or 
firm shall pay a separate license. 

§ 36. Every person owning, keeping or harboring a dog or 
bitch shall pay a lheense on each dog or bitch so owned, kept or 
harbored of two dollars per year. Upon payment of the 
said license the Sinking Fund Commissioners shall cause to 
be delivered to the owner or keeper of each dog or 
bitch upon which the license is paid a metal tag to be worn 
by each dog or bitch, with the word “licensed,” and number 
of same, stamped or impressed thereon, of which there shall 
be kept in the office of the Sinking Fund a record book of the 
same, giving the name and residence of the owner or keeper 
of the deg or bitch, and the date of payment and expiration of 
the license. 

§ 37. Every place where food or refreshments of any kind 
—not including spirituous,vinous or malt liquors—are prepared 
for casual visitors, and sold for consumption therein, shall be 
deemed a restaurant or eating house, and every person, firm or 
corporation conducting or operating any such place shall pay a 
license as follows: 

All restaurants or eating houses wherein the yearly sales 
amount to the sum of fifty thousand dollars and over, the 
license shall be one hundred and fifty dollars per year. 

All restaurants or eating houses wherein the yearly sales 
amount to not less than thirty thousand dollars nor more than 
fifty thousand dollars the license shall be one hundred and 
twenty-five dollars per year. 

All restaurants or eating houses wherein the yearly sales 
amount to not less than thirty thousand dollars nor more than 
forty thousand dollars the license shall be one hundred dollars 
per year. 


LICENSES. _ 29] 


All restaurants or eating houses wherein the yearly sales- 
amount to not less than twenty thousand dollars nor more than 
thirty thousand dollars the license shall be seventy-five dollars. 
per year. 

All restaurants or eating houses wherein the yearly sales: 
amount to not less than fifteen thousand dollars nor more than 
twenty thousand dollars the license shall be fifty dollars per 
year. ; 

All restaurants or eating houses wherein the yearly sales: 
amount to not less than ten thousond dollars nor more than 
fifteen thousand dollars the license shall be twenty-five dollars: 
per year. 

All restaurants or eating houses wherein the yearly sales do- 
not exceed ten thousand dollars the license shall be fifteen dol- 
lars per year. 

§ 38. Every person, firm or corporation operating a grain: 
elevator shall pay a license of one hundred dollars per year on 
each elevator. 

§ 39. The license for ball or knife-throwing devices or: 
games, and all similar in character not herein specially licensed, 
shall be thirty dollars per month. Any person, firm or corpor- 
ation having paid one or more full month’s license, and desir- 
ing to continue such exhibition for an additional fraction of 
a month, may do so by paying at the rate of two dollars per 
day. 

§ 40. Every person, firm or corporation operating or con- 
ducting a feather renovator shall pay a license of twenty-five 
dollars per vear. 

§ 41. Every person, firm or corporation maintaining, oper- 
ating or conducting a “Flying Dutchman,” flying horse ar- 
rangement or establishment, shall pay a license of five dollars 
per day. Said license may be granted for a week at a time, 
and the location of the “Flying Dutchman,” flying horse ar- 
rangement or establishment, shall be expressed in the license. 

§42. Every person, firm or corporation who operates or 
conducts a fertilizer works shall pay a license for each fertilizer 
works so conducted or operated of one hundred and twenty-five: 
dollars per year. 

§ 48. Hereafter it shall be unlawful for any person, firm or 
corporation to own, maintain or operate a floating sawmill with- 
in the limits of the city of Louisville without having a license so 
to do. The license for opening, maintaing or operating a float- 
ing sawmill, as herein set forth, shall be twenty-five dollars per 
year. 

§ 44. Every person who professes to be a fortune teller or 
pretends to know of lost or stolen articles, or foretells future 
events by cards, mesmerism, clairvoyance or any other device for 


22 LICENSES. 


fee, reward or compensation, shall pay a license of two hundred 
dollars per year. 

§ 45. Every person, firm or corporation who sells at retail 
fresh meat of any kind whatever, not slaughtered by himself, 
shall be deemed a retail dealer in fresh meats, and shall pay a 
license of fifteen dollars for six months or twenty-five dollars 
per year. It shall be unlawful for any person, firm or corpora- 
tion to sell at retail fresh meat of any kind except in a market 
space, market-house or an established place of business. 

§ 46. Every person, firm or corporation. operating or con- 
ducting a tavern, hotel or lodging-house in the city vf Louisville 
shall pay a vearly license as follows: 

First class, one having one hundred and fifty rooms or over, 
one hundred and fifty dollars per year. 

Second class, one having one hundred or more rooms, and 
less than ong hundred and fifty rooms, one hundred dollars per 
year, 

Third class, one having fifty or more rooms, and less than 
one hundred rooms, seventy-five dollars per year. 

Fourth class, one having twenty-five rooms or more and less 
‘than fifty rooms, thirty-five dollars per year. 

Fifth class, one having less than twenty-five rooms, and 
‘more than fifteen rooms, twenty-five dollars per year. 

Sixth class, one having less than fifteen rooms and more than 
ten rooms, twenty dollars per year. 

Seventh class, one having less than ten rooms, ten dollars 
“per year. 

§ 47. Each and every huckster who shall sell or offer for 
sale any goods, wares or merchandise of any kind shall pay a 
license of twelve dollars and fifty cents for six months or twenty 
dollars for one year. Hucksters shall not be allowed to sell at 
other than the market spaces or places and during market. 
hours only. 

§ 48. Every insurance adjuster, whether employed by an in- 
surance company or companies, or by the insured, shall pay a 
license of one hundred and twenty-five dollars per year. 

§ 49. Each person, firm or corporation engaged in the busi- 
ness we pay of advertising, assisting or aiding the insured in 
adjusting as to their rights under their policy or policies, or as 
to how the insured should settle with the insurance company 
or companies, shall be considered insurance advisers, and shall 
pay a license of one hundred and twenty-five dollars per year. 

50. Every person who solicits life, fire, casualty, indem- 
nity, industrial or any other kind of insurance, shall pay a 
license of ten dollars per year. 

§ 51. Every life, fire, accident, casualty and indemnity in- 
surance company doing business in this city shall, on or before 


LICENSES. 952 





the first day of February of each year, pay to the Sinking Fund 
the sum of two dollars and fifty cents on every one hundred 
dollars of premiums received on business done in the city during 
the previous year. The computation for the leense shall be 
made upon the premiums of the said company, firm or corpora- 
tion for the year immediately preceding the time the lcense is 
payable, a sworn statement of which, made at the home office, or 
principal office in this country, of the company by one of the 
general officers, shall be furnished the Treasurer and Secretary 
of the Sinking Fund on the application for the license. The: 
license during the first year’s business of any such company shall 
be at the rate of fifty dollars per year, and any person proposing 
to begin the insurance business in the city after the first day of 
January of any year may be granted a license until the next 
succeeding 31st day of December after said license is dated, upon 
the payment of such proportion of the sum of fifty dollars as 
the time said license has to run bears to one year, after which 
the license shall be as hereinbefore set forth. The company, 
as well as the agent of the foreign company, or chief officer of 
the home company, shall be responsible for acting without 
heense and subject to penalty therefor. 

§ 52. Every person, firm or corporation carrying on the 
business of securing situations or employment of any “kind for 
persons for fee, compensation or reward of any kind shall be 
deemed intelligence office, employment agent, or information 
bureau keepers, and shall pay a license of tw enty-five dollars 
per vear. 

§ 53. On or before the first day of April in each year every 
person, firm or corporation engaged in the business of selling: 
debentures, coupons or certificates or in making collections on 
those alr eady sold, as an investment, savings or redemption busi- 
ness, concern or company, shall pay a license of one hundred 
dollars per year: Provided, the gross receipts of such person, 
firm or corporation do not exceed the sum of ten thousand dol- 
lars per annum, and such person, firm or corporation shall pay 
for said purpose a license of one- -half (42) of one (1) per cent. 
on all gross receipts of such person, firm or corporation in excess, 
of ten thousand dollars per annum in addition to the said 
license of one hundred dollars per year. 

§ 54. Each person who goes from place to place within the 
city of Louisville for the purpose of buying old iron or other 
metals, rags, old rope, or other junk, shall pay a license of ten 
dollars per vear, and shall be required to wear conspicuously 
displayed a badge to be furnished by the Sinking Fund. 

§ 55. Every person, firm or corporation who shall carry om 
the business of buying or selling rags, old rope or other junk, at. 


324 LICENSES. 





an established place of business in the city of Louisville, shall 
‘pay a license of ten dollars per year. 

§ 56. Every person, firm or corporation conducting or oper- 
-ating a laundry in the city of Louisville shall pay a license of 
fifty dollars per year for each laundry. 

'§ 57. Every place where livestock of any kind is kept to hire 
or let, or kept, or fed, or boarded for others, shall be deemed a 
a, livery stable and shall pay an annual license as follows: 

First class, having fifty stalls or more, forty dollars per year. 

Second class, having less than fifty stalls, twenty-five dollars 
(per year. 

§ 58. Each practicing massagist in the city of Louisville 
shall pay a license of ten dollars per year. Should any of the 
foregoing persons be associated in a firm, each member of the 
‘firm shall pay a separate license. 

§ 59. Every person, firm or corporation who gathers, com- 
piles and furnishes to retail or wholesale merchants or to per- 
sons, firms or corporations other than wholesale or retail mer- 
-chants and manufacturers, information as to the credit standing 
-of purchasers, customers and patrons of such merchants, per- 
sons, firms or corporations, or information concerning any other 
‘person, firm or corporation, and having an established place of 
‘business in the city of Louisville, shall pay a license of one hun- 
dred dollars per year. . 

§ 60. Every person, firm or corporation operating or con- 
ducting the business of furnishing messengers or messenger 
service, shall pay a license of twenty- five dollars per year. 

§ 61. Every person practicing or ‘advertising or represent- 
ing themselves as practicing the occupation or profession of a 
midwife in the city of Louisville, shall pay a license of ten dol- 
Jars per year. 

§ 62. Every person, firm or corporation selling or vending 
milk from house to house by wagon or cart, or in any other ve- 
Ahicle in the city of Louisville shall pay a license of five dollars 
per year for each wagon, cart or other vehicle used in carrying 
on said business. 

§ 63. Every person, firm or corporation engaged in the 
‘business of lending or advancing money (or negotiating for the 
joan or advance of money) on chattel mortgages, shall pay a 
license of one thousand dollars per year. 

§ 64. Every person, firm or corporation engaged in the 
business of lending or advancing money (or negotiating for the 
joan or advance of money) on assignment of salaries or wages, 
-due or to become due, or discounting salaries or wages, due or 
to become due, shall pay a license of one thousand dollars per 
year. 


LICENSES. 325 


§ 65. Each and every person practicing the art or profession 
of osteopathy in the city of Louisville shall pay a license of ten 
dollars per year. Should any of the foregoing persons be asso- 
ciated in a firm, each member of the firm shall pay a separate 
license. 

§ 66. Every person, firm or corporation whose business 1s 
to take or receive by way of pledge, pawn or exchange any goods, 
wares or merchandise or any personal property whatever, as 
security for the payment of money lent thereon, other tnan 
banks or trust companies, shall be deemed a pawn broker and 
shall pay a license of three hundred and fifty dollars per year. 

§ 67. Each and every peddler who shall sell or offer for sale 
any goods, wares or merchandise of any kind in the city of 
Louisville, shall pay a license of five dollars for one month, 
twelve dollars and fifty cents for six months and twenty dollars 
for one year. No peddler’s license shall give authority for more 
than one person to peddle under it, nor shall any person to 
whom a license is granted sell by agent or clerk, or in any other 
wav than by himself in person; and each agent or clerk shall 
procure a separate license. Every peddler while engaged in ped- 
dling shall carry his or her license and exhibit the same when- 
ever requested to do so by a license inspector or police officer. 
Every peddler while engaged in peddling shall wear a badge 
upon his person in a conspicuous place and in such a manner 
that it may always be seen. Said badge shall be of metal and 
shall be furnished by the Commissioners of the Sinking Fund 
free of charge. It shall be unlawful for any person to destroy, 
deface or injure said badge in any manner or change the num- 
ber or date thereon, or for any person to wear said badge unless 
it be the licensed peddler in whose name the badge and license 
were issued. 

§ 68. Every person who shall carry on the business of agent 
to present or obtain pensions from the United States govern- 
ment shall be deemed a pension agent and shall pay a license 
of ten dollars per year. 

§ 69. Every person who makes for sale photographs, am- 
brotypes, daguerreotypes or pictures of any kind by the action 
of light, shall be deemed a photographer, and shall pay a license 
of ten dollars per year. Should any of the foregoing Meta 
be associated in a firm, each member of the firm shall pay 
separate license. 


§ 70. Each practicing physician, surgeon and oculist in 
the city of Louisville shall pay a license of ten dollars per year. 
Should any of the foregoing persons be associated in a firm, each 
at oe of the firm shall pay a separate license. 

71. Every person, firm or corporation who sells playing 
ata at retail shall pay a license of ten dollars per year. 


396 LICENSES. 


§ 72. Every person, firm or corporation who sells pistols at 
retail shall pay a license of one hundred dollars per year. 

§ 73. Every person, firm or corporation who conducts or 
operates a pork-house or other meat-packing establishment 
shall pay for each pork-house or meat-packing establishment 
conducted or operated a license of two hundred dollars per year. 

§ 74. Every person engaged in the business of a private de- 
tective, or what 1s known as a plain clothes man, shall pay a 
license of twenty-five dollars per year, and be subject to the rules 
and regulations of the Board of Public Safety. 

§ 75. Every person engaged in the business of a private po- 
liceman shall pay a license of five dollars per year, and be sub- 
ject to the rules and regulations of the Board of Public Safety. 

S 76. Every person, firm or corporation who shall sell or 
offer for sale, barter or exchange, in carload lot or any less quan- 
tity, of fruit, vegetables or farm products, butter, eggs, game or 
poultry contained in any railroad car or in any railroad freight 
depot or warehouse, or any steamboat, flatboat, wharfboat or 
boat landing within the city of Louisville, shall pay a license 
of one hundred dollars per year: Provided, however, the pro- 
visions of this section shall not apply to any bona fide farmer, 
gardener, fruit or vine-grower engaged in selling the products 
of his farm, garden, orchard or vineyard from his wagon or 
stand in the market, nor to any commission. merchant having 
a storehouse and established place of business in the city. 

§ 77. Every person engaged in the business of promoting 
financial undertakings, aiding or assisting in the organization 
and capitalizing of corporations shall be deemed a promoter, 
and shall pay a license of one hundred and fifty dollars per year. 


§ 78. Every person, firm or corporation who conducts or 
operates a public stockyard shall pay for each stockyard con- 
ducted or operated a license of five hundred dollars per year. 

§ 79. Every person, firm or corporation conducting or oper- 
ating a public warehouse, or houses, storage house or storage 
houses in the city of Louisville, shall pay a license as follows: 

For each warehouse or storage house devoted exclusively to 
the business of storage and where more than one commodity is 
stored shall pay a leense of one hundred and fifty dollars per 
year. Jor each additional warehouse or storage house so con- 
ducted or operated the license shall be fifty dollars per year. 

Every person, firm or corporation conducting or operating 
a warehouse or storage house, used exclusively for storing one 
commodity, shall pay a license of one hundred dollars per year 
for the first warehouse or storage house and fifty dollars per 
year for each additional warehouse or storage house so conducted 
or operated. 


§ 80. Every person, firm or corporation conducting or car- 


LICENSES. 997 


rying on the business of a public weigher of cotton seed products 
in the city of Louisville shall pay a license of twenty-five dollars 
per year. It shall be unlawful for any person, firm or corpora- 
tion to carry on the business of public weigher of cotton seed 
products in the city of Louisville until he or they have executed 
a bond to the city of Louisville, approved by the General Coun- 
cil, in the sum of two thousand dollars, conditioned that he or 
they will faithfully perform and observe all regulations of this 
ordinance, and for the benefit of such person, persons or corpora- 
tions as are, or may be, aggrieved or injured by the failure of 
said observances. Said bond shall be executed in the Sinking 
Fund Office, in the presence of the Treasurer and Secretary of 
the Sinking Fund and shall be transmitted to the General Coun- 
cil for approval, and when approved the Comptroller shall be 
the custodian of said bond, and shall notify the Treasurer and 
Secretary of the Sinking Fund of such approval. The licensee 
shall take an oath to faithfully perform the duties of public 
weigher of cotton seed products according to law and the custom 
of the business . It shall be the duty of said public weigher, 
when requested by the buyer of any cotton seed oil or other 
cotton seed products, residing or located within the city of 
Louisville, to weigh and accurately determine the weight of any 
cotton seed oil or other cotton seed products, whether contained 
in tanks, cars, barrels, bags or packages, and to give to such 
buyer a certificate duly sworn to, showing the gross, tare and 
net weights of such cotton seed oil or other cotton seed products, 
and he shall also, when requested, draw or take samples of or 
from such oil and other cotton seed products weighed by him, 
as and in the manner required by the rules and regulations of 
such exchanges or associations, and send or deliver such samples, 
when drawn or taken, to the buyer and seller of such oil or other 
products. Each public weigher shall keep in a suitable book a 
correct register or a statement of all cotton seed products 
weighed, showing the gross, tare and net weights and date when 
weighed. Tor his services in weighing, or weighing and sam- 
pling, such cotton seed oil or other cotton seed products, the 
said public weigher shall be entitled to charge a fee of not ex- 
ceeding six dollars for each tank car, five cents for each barrel 
and two cents for each bag or package, one-half of which fee to 
be paid by the buyer and the other half by the seller; and said 
public weigher shall receive no other compensation for his 
services. 


§ 81. Each person, firm or corporation who sells or offers 
for sale or who negotiates the purchase or sale of real estate for 
compensation, or who negotiates loans upon real estate security 
for compensation, or who rents or offers for rent real estate or 
houses, or collects rent on the same for compensation, shall be 


398 LICENSES. 


deemed a real estate agent, and shall pay a license of twenty- 
five dollars per year. No real estate license shall give authority 
for more than one person to sell, offer for sale, negotiate a sale 
of real estate or negotiate loans upon real estate security for 
compensation or rent real estate or houses for compensation 
other than the person to whom said license is issued, and when 
said license is issued to a corporation the person conducting the 
department referred to shall be named in said license and no 
other person shall operate thereunder. 

§ 82. Every person, firm or corporation who operates or 
conducts a rendering or tanking house shall pay for each ren- 
dering or tanking house conducted or operated a license of two 
hundred and twenty-five dollars per year. 

§ 83. Every scavenger shall pay a license of twenty-five dol- 
lars per year. 

§ 84. Every person, firm or corporation who shall carry on 
the business of buying or selling second-hand household goods, 
wares, merchandise or materials, second-hand clothing or wear- 
ing apparel, shall pay a license of fifteen dollars per year. 

§ 85. Every person who solicits the sale of, or sells or con- 
tracts for the sale of sewing machines in the city of Louisville, at 
any place other than a regular sewing machine store or estab- 
lished business, shall be deemed a sewing machine agent or solic- 
itor, and shall pay a license of ten dollars per year. Every person, 
firm or corporation operating or conducting a sewing machine 
business, establishment, or agency in the city of Louisville shall 
furnish to the Treasurer and Secretary of the Sinking Fund a 
certified statement, whenever called upon so to do by said Treas- 
urer and Secretary, containing the names and addresses of each 
and every person soliciting or selling sewing machines for them 
other than at said established place of business. 


§ 86. Every person, firm or corporation maintaining or op- 
erating a shooting gallery, not kept exclusively for family use at 
the family residence, shall pay a license of sixty dollars per 
year: Provided. however, that a license for a shooting gallery 
may be issued for three months at a time at the rate of sixty dol- 
lars per year. 

§ 87. Every person, firm or corporation conducting or oper- 
ating a skating rink or park, or roller skating rink or park, 
shall pay a license of fifty dollars per year. 

§ 88. Each individual, firm or corporation engaged in the 
business of sprinkling the streets shall pay a license of 3 per 
cent. of the gross earnings per year. 

§ 89. Each practicing surveyor in the city of Louisville 
shall pay a license of ten dollars per year. Should any of the 
foregoing persons be associated in a firm, each member of sad 
firm shall pay a separate license. 


LICENSES. 329 


§ 90. Every person, firm or corporation conducting or oper- 
ating a swimming pool shall pay a license of ten dollars per 
year. 
§ 91. Every person, firm or corporation who shall keep in 
any house or other building a pay station or telephone service 
in receiving or sending messages over the lines of any telephone 
company to and from points located within the limits of the 
city of Louisville, and for which service a charge shall be made 
to the sender or receiver, or for which any money shall be re- 
ceived by such keeper for or on his own account, or that of any 
other person or corporation, shall pay into the treasury of the 
Commissioners of the Sinking Fund a license of ten dollars per 
year. Each message sent or received to and from points within 
the limits of the city of Louisville, for which a charge shall be 
made, or any money shall be received, shall constitute a separate 
offense. 

§ 92. Every person engaged in the business of inspecting 
leaf tobacco, by whomsoever employed, whether upon percent- 
age or salary, shall be deemed a leaf tobacco inspector, and pay 
a license of thirty-five dollars per year. 

§ 93. Every towel supply company, and every person, firm 
or corporation who furnishes laundered towels to patrons, shall 
pay a license of fifty dollars per year. 

$ 94. Every person, firm or corporation who buys and sells 
any merchantable commodity without having a storehouse or 
warehouse and storing the same in the city of Louisville shall 
be deemed a trader and shall pay a license of twenty dollars per 
year. 

§ 95. Every person, firm or corporation carrying on or con- 
ducting a trading stamp business, and each branch thereof 
where a trading stamp business is conducted at a separate loca- 
tion, shall pay a license of one thousand dollars per year. 

§ 96. Every vehicle run or used in the city of Louisville 
shall be subject to the following licenses: 

For each and every wagon, cart, dray, omnibus or other 
vehicle not especially designated herein, drawn by a single 
animal, the license shall be three dollars per year; drawn by 
two animals, six dollars per year; drawn by three animals, ten 
dollars per year; drawn by four animals, fifteen dollars per 
vear; drawn by five animals, twenty dollars per year; drawn 
by six animals ,twenty-five dollars per year. 

For each and every hearse the license shall be six dollars per 
year. 
For each and every hack, coupe, coach or like vehicle the 
license shall be six dollars per year. 

For each and every buggy, gig, phaeton, pony cart, sulky or 
like vehicle the license shall be three dollars per year. 


330 LICENSES. 


For each and every family carriage drawn by one animal, 
the license shall be three dollars per year; drawn by two ani- 
mals, the license shall be five dollars per year. 

For each and every automobile, autocar, locomobile or other 
similar vehicle propelled by the use of electricity, gas, gasoline 
or steam, the license shall be five dollars per year. 

There shall be provided by the Sinking Fund, without cost 
to the licensee, metal plates, containing in raised figures the 
number of the license of each class and the year issued, together 
with the date of expiration. Said metal plates shall be placed 
and kept conspicuously in view on every vehicle mentioned in 
this ordinance, so that the same can be easily read from the 
sidewalk. Such numbers and letters upon said plates shall be 
in plain, distinct and legible figures and letters, each plate to 
be not less than one, two or three inches in width, and placed 
on each vehicle in the following manner: 

On drays and carts the numbers shall be cast or painted on 
metallic plates and placed on the outer side of the right shaft, 
three inches in front of the bed or body of the dray or cart. 

On wagons the numbers shall be cast or painted on metallic 
plates, on the hind axle, or where a body is used on said wagon 
said number shall be placed on the right side thereof. 

On automobiles, autocars, locomobiles and other similar ve- 
hicles, the number shall be cast or painted on metallic plates 
and placed upon the rear of said vehicles in a conspicuous place. 

On private carriages, barouches, buggies and all other private 
vehicles of ike kind, the number shall be cast or painted on 
neat metallic plates and placed upon said vehicles upon the 
spring bar or rear end of said vehicles. 

Painting or covering over the plate, or placing the plates 
upon any other vehicle than the one for which the same was 
issued, shall be punishable by a fine of not less than five nor 
more than fifteen dollars. 

Tt shall be the duty of the owner of each licensed vehicle on 
or before the date on which said license shall expire, to return 
to the Sinking Fund Commissioners the number plates used 
upon such vehicle or vehicles the preceding year, and the Sink- 
ing Fund Commissioners shall, when the license is paid, furnish 
a number plate for the current year free of charge. But if the 
old number plate shall be lost or defaced, the Sinking Fund 
Commissioners shall charge for each new number plate fur- 
nished by it the sum of twenty-five cents, in addition to the sum 
above mentioned for license: and the owner or owners of any 
vehicle used or run in the city of Louisville shall not be per- 
mitted to use any other number plate than that furnished by 
the Sinking Fund. Every keeper, owner, proprietor or agent 
of any livery or boarding stable, and the owner or owners of all 





LICENSES. 291 


vehicles shall, whenever called upon so to do, state on oath to 
the Treasurer and Secretary of the Sinking Fund how many 
vehicles of every description are owned or used or kept by him 
or them, and the Treasurer and Secretary of the Sinking Fund 
may examine every such person on oath touching the number of 
vehicles owned, used or kept by him or them during the year 
next preceding the date of making such statement, and also the 
number owned, used or kept by him or them at the time of 
making such statement. 

All vehicle licenses hereafter issued shall be made to expire 
on the first day of May of each year, and any person or persons 
who commence to use or run a vehicle in the city of Louisville 
after the passage and publication of this ordinance shall be 
charged proportionately for the year ending the first day of 
May. 

If any vehicle shall be run or used within said city without 
being licensed so to be run, the owner, agent or driver shall for 
each day such vehicle is run without license be fined not less 
than five nor more than ten dollars. 

§ 97. Each practicing veterinary dentist shall pay a license 
of ten dollars per year. Should any of the foregoing persons 
be associated in a firm, each member of the firm shall pay a 
separate license. 

§ 98. Each practicing veterinary surgeon shall pay a license 
of ten dollars per year. Should any of the foregoing persons 
be associated in a firm, each member of the firm shall pay a 
separate license. 

§ 99. Each person, firm or corporation who keeps or ope- 
rates a public garage in which automobiles, or similar machines, 
are driven by gasoline, steam or electricity, are kept in storage, 
or for sale, or rent, shall pay a license of one hundred dollars 
per year. 

© § 100. Every individual, firm or corporation who intends 
to commence after the first day of September of any year the 
business of selling any goods, wares or merchandise, except by 
sample, shall first obtain a license therefor and pay in advance 
for the same, as follows, viz: 

If said business is commenced after the first day of Septem- 
ber, and before the second of January, said license fee shall be 
two hundred and fifty dollars. 

If said business is commenced at any time after the first day 
of January and before the first day of May, the license fee shall 
be one hundred dollars. 

If said business is commenced at any time between the 30th 
day of April and the first day of August, said license fee shall be 
fifty dollars. 


399 LICENSES. 


§ 5. Each and every individual, firm or corporation coming 

Each license issued under this section shall entitle the 
licensee to conduct or carry on said business until the first day 
of the next succeeding September. 

Each agent or emplove who conducts or manages said busi- 
ness or assists in the conducting or managing said business be- 
fore a license has been obtained therefor, shall be guilty of a 
violation of this ordinance, and shall be liable to the penalty 
hereinafter provided. 

§ 101. In all cases where the amount of license to be paid 
by any person, firm or corporation is based upon or regulated 
by the amount of sales made or business done, such person, firm 
ov corporation shall render a sworn statement to the Treasurer 
and Secretary of the Sinking Fund of the total amount of sales 
made or business done by them respectively during the preced- 
ing year, which statement shall be considered in determining 
the amount for which such license shall be issued. 

If said applicant has not been conducting said business dur- 
ing the preceding year, then the Treasurer and Secretary of the 
Sinking Fund shall, from-the oath of the applicant or other 
evidence, ascertain the grade in which said applicant shall be 
licensed; and said applicant shall have the right within ten days 
to appeal in writing to the Commissioners of the Sinking Fund 
from the action of the Treasurer and Secretary, and the Com- 
missioners shall then have power to determine in which grade 
the applicant shall be placed. 

§ 102. All leenses shall be paid for in advance in lawful 
money of the United States; and it shall be unlawful for any 
person, firm or corporation to carry on the business, follow the 
calling, occupation or profession, or to use, or hold, or exhibit 
the articles herein named in the city of Louisville without hay- 
ing first paid the license herein required for the same. 

§ 103. The agent or agents of non-resident proprietors shall 
be civilly i responsible for the license tax, and criminally respon- 
sible for. carrying on the business in a like manner as if they 
were proprietors. 

§ 104. The fact that any person, firm or corporation repre- 
senting himself or itself as engaged in any business, calling, 
profession or occupation for the transaction of which a license 
is required, or that such person exhibited a sign or advertisement 
indicating such business, calling, profession or occupation, shall 
be conclusive evidence of the liability of such person, firm or cor- 
poration to pay for a license. 

§ 105. Any unexpired license, except those for retail liquor 
licenses, may be transferred from one person, firm or corpora- 
tion to ‘another, by a surrender of the original license to the 
Treasurer and Sekreiae of the Sinking Fund, and an indorse- 


LICENSES. 333 








ment made thereon, made in his presence and in the presence 
of each other, transferring the license from the holder thereof 
to the person, firm or corporation purchasing the same, to whom 
the license shall be re-issued upon the payment of five (5) per 
cent. of the original amount of the license: Provided, however, 
that when the original license has been lost or destroyed, the 
person to whom the original license was issued shall make affi- 
davit that said original license has been lost or destroyed and 
cannot be produced, and shall transfer the same by indorse- 
ment upon said affidavit, as above required, which shall be filed 
with the Treasurer and Secretary. 

§ 106. Any person, firm or corporation violating any of 
the provisions of this ordinance, where a different fine has not 
been provided, shall be fined not less than five dollars nor more 
than one hundred dollars for each offense. Each day the viola- 
tion is continued shall constitute a separate offense. 

§ 107. All ordinances in conflict herewith, and all ordi- 
nances heretofore enacted imposing a license fee for doing any 
business or following any calling, occupation or profession, or 
using, or holding, or exhibiting any article embraced herein, 
are repealed; provided that the validity of licenses heretofore 
issued and penalties incurred under said ordinances shall in no 
wise be affected by such appeal. 

§ 108. This ordinance shall take effect from and after its 
publication. 

Approved September 17, 1908. 


LICENSE OF MANUFACTURERS AND VENDERS OF 
ELECTRICAL POWER, LIGHT AND HEAT. 


AN ORDINANCE providing for license of persons er corpora- 
tions engaged in the business of manufacturing and vend- 
ing electrical power or hghting or heat in the city of 
Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That each individual, firm or corporation carrying on 
the business of manufacturing and selling electricity without 
haying a franchise therefor from the city of Louisville shall pay 
an annual license into the Sinking Fund of the city of Louis- 
ville, the amount of said payment to be one dollar per ‘‘Kilo- 


294 LICENSES. 


watts” up to and including two hundred (200) ‘“ilo-watts,” 
and twenty-five (25) cents for each addition “Kilo-watts” of 
the manufacturing capacity of the machine or machines so 
used, the same to be determined by the manufacturer’s stamp 
thereon; and each individual, firm or corporation selling steam 
heat from such plant shall pay into the Sinking Fund of the 
city of Louisville an additional annual license of twenty-five 
per cent. (25 per cent.) of the amount of the tax above re- 
quired. The license tax required by this section shall be in addi- 
tion to the ad valorem assessment. 

§ 2. The application for said license shall be made to and 
the same issued by the Commissioners of the Sinking Fund 
of the city of Louisville, and shall not run for a longer period 
than one year. Each license issued thereunder shall be made 
to expire on the 30th day of April next after its date. Each 
individual, firm or corporation required by the provisions of this 
ordinance to procure a license, shall apply for the same on or 
before the May 1, 1906, and said license shall run for one year 
from said date. 

§ 3. Any individual, firm or corporation proposing to com- 
mence business after the 1st of May of any year, may be granted 
a license until the next succeeding Ist day of May thereafter 
upon the payment of such proportion of said license fee re- 
quired as aforesaid, as the time said license has to run bears to 
one year. 

§ 4. Whenever any such individual, firm or corporation de- 
sires to transmit or convey electricity or heat, or both, through, 
across or along any designated street, alley or other public way 
in the city of Louisville, such individual, firm or corporation, be- 
fore applying for the license hereinbefore mentioned, shall first 
apply to the Board of Public Works of the city of Louisville 
for a permit to so transmit or convey electricity, or heat, or both, 
through, across or along such designated ‘highway, and said 
Board of Public Works may, in its discretion, grant such per- 
mit upon the condition that the wires, pipes and other appli- 
ances to transmit or convey such electricity and heat shall be 
placed under ground under the supervision and in accordance 
with the plans and specifications furnished by said Board, and 
without any expense whatever to the city, and that the surface 
of such street, alley or other public way shall be restored at the 
cost of the applicant to its original condition; and said permit 
shall be upon the condition that the applicant shall indemnify 
and save harmless the city of Louisville from any damage to 
any person or property arising out of the construction, mainte- 
nance or operation of the plant, wires, pipes or appliances of 
said applicant, and that ‘he will defend all suits filed and pay 
all judgments against the city for such damages. Such per- 


LICENSES. 395 





mit shall be exhibited to the Commissioners of the Sinking 
I’und in the city of Louisville at the time the license is applied 
for and before the same can be issued. 

§ 5. Each and every individual, firm or corporation, coming 
within the provisions of Section 1 of this ordinance shall, within 
ninety (90) days after the passage of this ordinance, provide 
and use the necessary and proper machinery and appliances to 
prevent the emission of soot or dense smoke from any chimney 
or smokestack of the plant or buildings used in the operation 
of, or in connection with the manufacture and distribution of 
heat or electricity ; and each individual, firm or corporation ap- 
plying for a permit from the Board of Public Works or a license 
from the Commissioners of the Sinking Fund of the city of 
Louisville, shall be deemed to have consented to the provisions 
of this section and the enforcement thereof as hereinafter pro- 
vided. 

§ 6. Whenever any individual, firm or corporation to whom 
a license has been issued under the foregoing provisions of this 
ordinance desires to transmit or convey electricity or heat, or 
both, through, across or along any street, alley or other public 
way, for which no permit has been issued, such individual, 
firm or corporation may apply to the Board of Public Works 
for such permit, which said Board may grant upon the same 
terms and conditions as required for permits under Section 4 
of this ordinance. 

§ 7. In addition to the provisions herein contained all the 
provisions and conditions of any general law or ordinance now 
in force, or which may hereafter be enacted, directing, author- 
izing or regulating the placing and maintaining, either exist- 
ing or future Electric Light or Power wires, or any other wires 
of high or low tension, under ground, whether said law or or- 
dinance applies to the entire city or to only a part or parts 
thereef, or to those operating under a franchise or otherwise, 
shall be and are hereby made a part of this ordinance. 


§ 8. Any individual, firm or corporation who violates any of 
the provisions of this ordinance shall be fined not less than ten 
nor more than one hundred dollars for each offense, and each 
day such individual, firm or corporation carries on said business 
without having first obtained said license or without the neces- 
sary machinery and appliances required in Section 5 of this or- 
dinance shall be deemed a separate offense. 

§ 9. This ordinance shall take effect from and after its pas- 
sage and publication. 

Approved June 26, 1906. 

NOTE.— The Court of Appeals passed upon the validity of this 
ordinance in the case of Hilliard vs. Fetter Lighting & Heating Com- 
pany, &c., as follows: 


836 LICENSES. 


“That Municipal authorities can not grant a franchise or 
privilege for a use intended to be permanent except in the 
‘manner pointed out in Sec. 164 of the Constitution, and this 
section can not be evaded or \its purposes nullified by making 
the grant for an indefinite period or for less than a term of 
years or by any other scheme or device.’’—Ky. Law Rep., Vol. 
31, page 1330. 


—— SO 


LICENSES FOR RETAILING LIQUORS. 


AN ORDINANCE imposing a license for retailing liquor and 
regulating the same, and designating the purpose for 
which the tax is to be applied. 


Le it ordained by the General Council of the city of Louisville: 


§ 1. Every individual, firm or corporation who sells liquor 
by retail in the city of Louisville shall pay in advance into the 
Sinking Fund of the city of Louisville for sinking fund pur- 
poses, an annual license fee of five hundred dollars, to be ap- 
plied by the Commissioners of the Sinking Fund of the city of 
Louisville as follows, namely: 

The first three hundred and twenty-five thousand dollars of 
the sums annually collected from said license tax shall be for 
the use of and credited pro rata to the sinking funds required 
to provide for the payment of the principal and interest of the 
following bonds issued under ordinances of the city of Louis- 
ville, namely: 

Those issued under an ordinance approved June 25, 1897, 
and kniown as the second issue of refunding bonds; those issued 
under an ordinance approved March 25, 1900, and knoww as the 
third issue of refunding bonds; those issued under an ordinance 
approved February 2, 1901, and known as the fourth, fifth and 
sixth issues of refunding bonds; those issued under an ordinance 
approved August 8, 1902, and known as the seventh issue of re- 
funding bonds; those issued under an ordinance approved 
March 6, 1903, and known as the eighth and ninth issues of 
refunding bonds; those issued under an ordinance approved 
October 17, 1900, and known as the sewer and park bonds; 
those issued under an ordinance approved October 2, 1906, and 
known as the sewer bonds, and the issue known as the South 
Louisville bonds assumed by the city of Louisville under an or- 
dinance approved August 11, 1898. 

After applying said sum of three hundred and twenty-five 
thousand dollars aforesaid, the remainder of the sums so col- 


LICENSES. BL ae 


lected upon said licenses shall be for the use of and applied by 
the Commissioners of the Sinking Fund of the city of Louis- 
ville to general sinking fund purposes. | 

§ 2. All liquor licenses issued hereunder shall expire the 
first Monday of the next succeeding August. Persons proposing 
to begin retailing liquor after the first Monday in August of any 
year may be granted a license until the next succeeding first 
Monday in August upon the payment of such proportion of the 
sum of five hundred dollars as the time said license has to run 
bears to one year. 

§ 3. A license to retail liquor may be issued to any indi- 
vidual, firm or corporation engaged in the business of a drug- 
gist or apothecary, but no druggist or apothecary shall sell. or 
keep for sale any liquor without first having obtained the 
license required in this ordinance, except as hereinafter pro- 
vided. : 

Any druggist or apothecary may without such license sell 
unmixed alcohol, or may sell admixtures of wine, alcoholic, 
spirituous or brewed liquors in prepared medicines, and may 
sell liquors upon the written prescription of a regular prac- 
ticing physician; but whenever any druggist or apothecary so 
sells upon the prescription of a practicing physician he must 
require a separate written prescription for each sale of liquor so 
made. The written prescriptions referred to herein shall be 
kept on a separate file and subject to examination at any time 
during business hours by any representative of the Sinking 
Fund or License Board. But it shall be unlawful for any drug- 
gist or apothecary, by giving away any liquor, or by any other 
subterfuge or device, to evade the provisions of this ordinance. 

§ 4. Any individual, firm or corporation who violates any 
provision of this ordinance shall be fined not less than fifty nor 
more than one hundred dollars. Each sale of liquor without 
the license herein required, and each act in violation of any 
other provision of this ordinance, shall be considered a separate 
offense and punished accordingly. 

§ 5. This ordinance shall not affect the validity of any 
license heretofore issued under existing ordinances. 

§ 6. All ordinances in conflict herewith are hereby repealed. 

§ 7. This ordinance shall take effect from and after its pub- 
lication. 

Approved December 18, 1908. 


338 LIVE STOCK: 





LIVE STOCK. 


Regulating and Driving of through, Certain Streets. 
(See Food.) 


AN ORDINANCE regulating the driving of live stock through: 
the streets of the city of Louisville. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That hereafter it shall be unlawful to drive cattle, 
horses, mules, sheep, hogs, or other live stock loose through the 
public highways of the city of Louisville, except as hereinafter 
provided: 

It shall be lawful to drive such stock through and along 
Main street, and all streets north of Market street, including the 
river front, except Washington between Floyd and Clay; and 
through and along Campbell street and all streets east thereof ; 
and along and through Jacob street from Campbell to Shelby 
street; and along Shelby street and all streets east thereof; and. 
along ‘and through Oak street and all streets south thereof: and 
along and through Eighteenth street from Oak street to Dumes- 
nil street; and along Dumesnil street and all streets south there- 
of; and along T'wenty-sixth street and all streets west thereof, 
at all hours of the day or night. 

It shall be lawful to drive such see through and along 
Thirteenth street at all hours of the day and night. It shall be 
lawful to drive such stock along and through Market street 
between 10 Pp. M. and 6 A. M. 

Nothing herein contained shall be construed to prevent the 
leading of live stock in such manner as to retain complete con- 
trol of same through any of the streets at any time. 

§ 2. Any person or persons violating the provisions of this. 
ordinance shall be fined not less than five dollars nor more than 
one hundred dollars. 

§ 3. All-ordinances in conflict herewith are hereby repealed. 

§ 4. This ordinance is to take effect on and after its pub- 


lication. 
Approved December 18, 1896. 


LIVE STOCK—LOITERING. 8389 


LIVE STOCK. 
Prohibiting the Driving of on East Broadway. 


AN ORDINANCE to prohibit the driving of lve stock on 
East Broadway, from Cherokee Park to the entrance to 
Cave Hill Cemetery. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That hereafter it shall be unlawful to drive cattle, 
horses, mules, sheep, hogs, or other live stock loose through 
or along Kast Broadway, between Cherokee Park and the en- 
trance to Cave Hill Cemetery. 

§ 2. That any person who shall violate this ordinance shall 
be subject to a fine of not less than five dollars nor more than 
one hundred dollars for each offense. 

§ 3. That all ordinances and parts of ordinances in conflict 
herewith, be and they are hereby repealed. 

§ 4. That this ordinance shall take effect from its passage. 

Approved June 10, 1901. 


LOITERING. 


AN ORDINANCE making it unlawful to loiter, defining the 
offense of “Loitering,” and prescribing a penalty therefor. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. It shall be unlawful for any person or persons, without 
visible means of support, or who cannot give a satisfactory ac- 
count of himself, herself, or themselves, to loaf, congregate, or 
loiter upon, along, in or through the public streets, thorough- 
fares, or highways of the city of Louisville; or for such person 
or persons to sleep, lie, loaf or trespass in or about any premises, 
building, or other structure in the city of Louisville, without 
first having obtained the consent of the owner or controller of 
said premises, structure, or building; or for such person or per- 
sons to sleep or lie in or upon any public thoroughfare, highway, 
park, boulevard, or wharf of the city of Louisville; or for such 
person or persons to beg or solicit alms in the streets or the high- 
ways of the city of Louisville; or for such person or persons to 
habitually consort with bawds, thieves, malefactors, or other 
disreputable or dangerous characters in the city of Louisville. 


340 MARKET. 








§ 2. Any person violating this ordinance shall be guilty of 
the offense of loitering, and shall be hable to arrest therefor; 
and for each offense shall be punished by a fine of not exceed- 
ing fifty dollars, or he shall be compelled to give bond in the 
sum of not less than one hundred dollars nor more than one 
thousand dollars, conditioned upon his or her good behavior,. 
and keeping the peace for not exceeding one year; and in de- 
rault of such bond, if the same be required, the defendant shall 
be imprisoned in the workhouse, and there confined during the 
period said bond was to cover, or until the same shall be executed 
as required; or the defendant may be both so fined and re- 
quired to execute a bond to be of good behavior as aforesaid,. 
in the discretion of the court. | 

§ 3. All ordinances, or parts of ordinances, in conflict here- 
with are hereby repealed. 

§ 4. This ordinance shall take effect from and after its pas— 
sage and publication. 

Approved. September 28, 1907. 


MARKET. 
Second Street. 


AN ORDINANCE establishing public market on west side of 
Second street, between Market and Jefferson, and on both 
sides of Jefferson from Second to Brook street, and on the 
south side of Jefferson from Brook to Floyd street. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That with the consent of the occupants of the abut- 
ting property, all of the space on the west side of Second street, 
from Market to Jefferson streets, and on both sides of Jefferson 
street, from Second street to Brook street, and on the south side: 
of Jefferson street, from Brook street to Floyd street, be used as 
a public market place, to be known as ‘The Second-street Mar-. 
ket.” 
§ 2. That hucksters and other’ venders of fruits, vegetables, 
and other products may use three feet on the sidewalk nearest 
* the curb in said market space for the purpose of vending their 
fruits, vegetables, and other products, and shall be required to 
keep that space opposite them on the inner side of the sidewalk, 
and the guiters on the outer side of the curb, clean and free of 
decayed fruits and vegetables, and all kinds of filth, and shall 


MARKET. O44 








not obstruct said sidewalk in any manner between the said. 
space so allotted for said vending and the inner part of said 
sidewalk. 

§ 3. That gardeners, fruit raisers, and other persons bring- 
ing fruits, vegetables, and other products to said market for sale,. 
may keep their vehicles on the side of said streets near the curb 
next to the said public market, and shall not occupy more than 
fifteen feet of the street nearest the curb, nor keep any wagon or 
wagons standing on said space allotted to them at any time ex- 
cept from 9 o’clock p. M. to 10 o’clock A. M.; provided, that on 
Saturdays they may remain all day, and no wagon or other 
vehicle coming into said space for the sale of fruits, vegetables, 
or other products, shall stand in said space with horses or other 
beasts attached to them; but the owner, driver, or other person 
in charge of each vehicle shall immediately, upon entering said. 
space, detach the horse or beast pulling the same therefrom,. 
back the rear part of such vehicle against the curb, and elevate 
ihe tongue or shafts; and at night shall keep a red light on said 
tongue or shafts. 

§ 4. Any person violating any provision of this ordinance 
shall be fined not less than five dollars nor more than twenty 
dollars for each offense, and the additional sum of ten dollars 
for each six hours he or she shall continue any obstruction in 
or upon said streets or sidewalks in violation of the foregoing: 
provisions of this ordinance. 

§ 5. This ordinance shall take effect from and after its pas— 
sage. 

Approved February 17, 1894. 


MARKET. 


AN ORDINANCE establishing and regulating a “Public Mar-- 
ket Place” in the city of Louisville. 


Be it ordained by the General Council of the city of Louisville > 


§ 1. That with the consent of the occupants of the abut- 
ting property on the east side of Floyd street, bounded on the 
north by Main street and on the south by Green street, on the: 
north side of Jefferson street, bounded on the west by Floyd 
street, and on the east by Hancock street, may be used as a pub-- 
lic market place, tobe knownas “The Public Market Place.” 

§ 2. The farmers, gardeners, raisers of fruit, vegetables and 
other prqducts, may use three feet of the sidewalk nearest the: 
curb in said market space for the purpose of vending their 


342 MARKET. 


fruits, vegetables and other products, and shall be required to 
keep the gutters clean and free from decayed fruits and vege- 
tables and all kinds of filth, and shall not obstruct said side- 
walks in any manner between the said space so allotted for said 
vending and the inner part of said sidewalk. 

§ 3. The gardeners, fruit raisers and farmers bringing 
fruits, vegetables, and other products to said market for sale, 
with the consent of the occupant of the abutting property, may 
keep their vehicles on the side of the street nearest the curb 
next to said public market space, for the purpose of vending 
their products, and shall not occupy more than twelve feet 
of the street nearest to the curb, nor keep any wagon standing 
on said space allotted to them at any time except from 6 o’clock 
p. M. to 10 o’clock a. M., and no wagon or other-vehicle coming 
into said space for the sale of fruits, vegetables or other products 
shall stand in said space with the horses or other beasts attached 
thereto ; but the owner, driver, or other person in charge of such 
vehicie shall immediately, upon entering such space, detach the 
horse or beast pulling the same therefrom, back the rear part 
of such vehicle against the curb, and elevate the shaft or tongue 
with a lantern displayed on same at night. 

§ 4. It shall be unlawful for any person to occupy any of 
said space in said “Public Market Place” except actual and 
known farmers, gardeners, and fruit raisers, who shall be the 
actual producers, each from his or her farm or garden, of the 
products exposed for sale. 

§ 5. Any person violating any of the provisions of this ordi- 
nance shall be fined not less than five dollars, nor more than 
twenty dollars for each offense, and the additional sum of 
ten dollars for each six hours ‘he or she shall continue any ob- 
struction in or upon said street or sidewalk in violation of this 
ordinance. 

§ 6. All ordinances and parts of ordinances in conflict with 
this ordinance are hereby repealed. 

§ 7. This ordinance shall take effect from and after its 
passage. 

Approved July 10, 1905. 


MARRIAGES—-MAYOR. 343 





MARRIAGES. 


AN ORDINANCE concerning the report of marriages in the 
city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That it shall be the duty of every clergyman, magis- 
trate, or other person who shall be authorized to perform any 
marriage ceremony within the city of Louisville, to report each 
marriage solemnized by him to the Health Officer for the use of 
the Board of Public Safety, within three days thereafter, giving 
the full name, age, color, occupation, birth-place, county and 
State, and legal residence of each person married, as far as he 
knows, or is able to ascertain such facts. 

§ 2. Any person violating any of the provisions of this or- 
dinance shall be fined not less than five dollars nor more than 
twenty dollars for each offense. 

§ 3. This ordinance shall take effect from and after its pas- 
sage. 


5 Approved April 19, 1898. 


MAYOR. 


Providing Assistant Secretary. 


AN ORDINANCE creating the office of assistant secretary of 
the Mayor, fixing the compensation of such office, and abol- 
ishing the office of stenographer and typewriter for the 
Mayor’s office. 


Be it ordained by the General Council of the city.of Louisville: 


§ 1. That the office of assistant secretary of the Mayor be 
and the same is hereby created, and the compensation of such 
officer shall be eighty-five ($85) dollars per month, payable as 
the salaries of other city officers are now paid. He shall be ap- 
poved by the Mayor and hold his office at the pleasure of the 
Mayor. 

§ 2. It shall be the duty of such assistant secretary to do 
all stenographic work and typewriting in the Mayor’s office and 
to perform such other duties as the Mayor or the Mayor’s secre- 
tary require. 


244 MILK. 


vw 


§ 3. That an ordinance entitled “An ordinance : creating the 
office of stenographer and typewriter for the Mayor’s office and 
fixing the salary for the same,” approved November 26, 1897, 
be and the same is hereby repealed, and the office of stenogra- 
pher and typewriter for the Mayor’s office is hereby abolished. 

§ 4. That this ordinance shall take effect from its passage. 

Approved February 6, 1902. 


MILK. 


AN ORDINANCE to regulate the production and sale of milk 
in and for the city of Louisville. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. No person shall, 

(1) in the city of Louisville produce milk for sale, or 

(2) hold or offer milk for sale, or sell milk, or 

(3) bring or send milk into the city of Louisville for sale, 
unless or until the Health Officer has issued to ‘him a written 
permit so to do; nor shall any person produce for sale, have in 
his possession for sale or expose for sale in the city of Louisville 
any milk after any such permit shali have been revoked. 

§ 2. Every person owning or having charge of one or more 
cows, the milk from which is to be offered for sale or sold in 
the city of Louisville, shall make application to the Health Of- 
ficer on a blank form to be furnished by the Health Officer 
for a permit to offer for sale or sell said milk, which appli- 
cation shali be substantially as follows: 

(Form. ) 


“Application NO. 4.0.0.2 Date ahs 45a as Name of 
applicant (or applicants, if a firm or partnership) 


oee5u0o3see@e eee © © © ee eo we ee we oe eH ee eH ee eh ee le 


Cr re | 


byt Chae ER ee 2 ihe. uae ane andres a dealin, Se ee eee 


eo a! @ @ 0 © 0 6 PB 6 OMe (0) 8) @. 8 Oa, 8 2” 6 6.8) .0) 8) > 08' eo) 8 8. pe Ss o. @ Ohe. 8.) 6 © 6 9) 86a ee es eee 


In applying for this permit are you acting directly or indi- 
be a corporation, firm, partnership, or association. 
Place or places of business in Louisville where milk is to be of- 
fered for sale or sold (excepting be by retail from wagon to 
consirmiars): Novis pihiy ee ar Me pea epee street, between 


MILK. 245 


Residence and postoffice address of applicant (or applicants) 
Corporate name—if applicant be a corporation.............. 
Name of person upon whom process may be served, if applicant 
permit to sell milk in the city of Louisville has been revoked 
within six months of the date of this application? 

A LSAT Tigi RU Nea a aa gs estel: 5 eee 
Ma AL EOUIU Gos cies eee se eels Tes LID bY Be Nts lat &t top ais Mea 
OS Sa GER ie Re eS Ri (or Boat) 
Time of departure of trains carrying eae of milk: 
MOTOR Ga Sane Cipolla aed ae we Mt 
(DOS pees Bae Ronan en Peer ree SA MB fi 


‘ Gere RUE EAC Ey 2 BSD aN Seat trl we 
Week Days. : Seana ae RRS Ee See eee ee 
Average number of cans shipped daily......... Shade 
Average number of gallons shipped daily........... : 
Or if milk is carried from dairy or farm to city by 
WAGON, give marks on wagons sufficient for identification 


Sundays ... 


Location of applicant’s herd or herds: 

| TES ya 86 2 tS ae a ee ieee G ners : 

hs 2 Oe ea eS ae ae = a Oe Ae socal ea Pee af get 

Ag Gos ee aha alae haa ap ne pera ot ya! : 

PEO POV VOIGT Sh. A ees wea es se ew eee ee : 
COWS 

es number BECO Wa tee ee tee ee te Breed’ es hemes 


if 30, give rates of diseased or unfit cows and nature of said 
SEE RG OTL ORS ys bea end eed win lelh oe Le he eee Claw ele e k 
Are said diseased or unfit cows ee to eat or drink from a 


Ts any of the milk or cream ened from said diseased 
cows mixed with the milk or cream to be offered for sale in the 
MUA ICI a ce Slats Bare. esis: sidhdidis i sedcl oie go whe ak 
Have all the cows in the herd under question been tested with 


Breerciin eh); Ly oe Oe aoe ST AE SNOT e a, TUT Prem Reet 
Ua ae ee ne 2 PD eee PER iaeies geet tae eee ehstcs Lhe 


By whom made? Pe eae Se eee 6. es @ £068 2 £0 -S' 2 250 6: 6. 6678 68.16 €.e 6. U ce 067° OO 16 8 
Ber OES OLECOWSEYCACUIDG 205. wecte nceie wi elea'y sists 3 
What was done with the reacting cows?.......... ae ea ee 


346 MILE. 


Number of acres in farmy 2724". (2. 2 2 ae eee 
pize of. pasture 20." ele 2 Psa iine ke acoek buy een 
Tilow often are the.cows curried. or. brushed?. .. {25 5) ee eee 
Are udders of cows cleaned?........ How ?.\. .ésae ee 
STABLE. 
Size of barn in which cows are stabled...... ft. lon eee ft. 
VEG GIS cree ft high. - 
Number and size of windows in stable......:...... oe 
How is'stable ventilated ?i. 24.245 .4~6u he oe os ee : 
Kind. of floors 2a. 4 ee Ae eat oS ee 
Is cow barn whitewashed inside? ..2. 5.4... cess ee " 
How. often? sos .0 oe a ee ee 
FEEDS. 
State all kinds of feedstuffs used in feeding dairy cows....... : 


eos 20 enpeeewvwresvevserweeet es 6 8 0 8 8 eo 6,8 8 6 «©, 6 8 6 6 6 6 0 © 6 6 0 6 © 6 © ste fee) ee eee 


Are any of the dairy cows owned or controlled by you, or by the 
firm or corporation which you represent, fed in whole or in part 
on wet malt, or on the slops, mash or refuse of any distillery, 
brewery or vinegar factory or any other kind of fermented slop? 


etna eees2e @ © 6 BBE HO BO 8 6 8 6 6 Ce 86 S08 eS @ ie 676 6 6 SSO 8 Ue 6 eee eee 


MANURE. 
How often is manure removed from stable?.............. z 
How far away from cow stable and milk room is it piled?.... 
How often is said pile removed to field?.................- 
MILKING. 
Do the milkers wash and dry their hands just before milking? 
Is the milking done with dry hands?...............0000- 
Is the milking done with wet hands?...... .. 2.) a.eeee 
Is any of the milk stored in the barn or stable where the cows 
are kept? oss eo yy csheie oo ee des eae A ev as eae cage oe 


How soon after being drawn from the cow is it removed from 
the barn: or stable? sin. 43<a fis os oe eeu os oe oe Zt 


MILE. 2AT 


MILK ROOM. 


Are the utensils, including every pail, can, bottle or other piece 
of apparatus that comes in contact with the milk, thoroughly 
cleaned with boiling water every day?............00000 008 


WATER. 


MER MEMNEIE UCL UISOU. OY COWS 64 kr. 400 Giecerec.9, cove «4 eieie.ac's 'nie.0. 
Pereeeritawavettisod 111, COONS MK... 5 a ee lel ee muvee adie 
Source of water used in cleaning utensils................0-. 


Is there a boiler properly fixed and provided with an ample 
supply of water, which is not used for household purposes..... 
What months of the year is place supplied with ice?.......... 


Is any person who assists in the care of the cows owned or con- 
trolled by you or by the firm or corporation you represent, or in 
the milking of said cows, or in the handling of milk or cream 
from said cows, suffering from, or has any such person within 
twenty days been exposed to, typhoid fever, diphtheria, scarlet 
fever, erysipelas, measles, smallpox or any other dangerous con- 


In case such applicant buys for the purpose of selling in 
Louisville or ships to Louisville, milk obtained from any other 
person, he shall file with his application and as a part of it one 
or more written statements on blanks furnished by the Health 
Office, giving the name and location of all persons from whom 
he plans to obtain milk for shipment, which statements shall be 
substantially as follows: 


(Form.) 


“With Application No.... (This to be filled in by Health 
Officer. ) 

RETESET ACLIT red te vaen did 8 sie vad gieicie “g eta: dp ooo (din eee eke» 

Oy OE SOU vc a AON Eg Wel re An er ee 


348 MILK. 


Said applicant expects to obtain for shipment, subject to the 
laws and ordinances in force in the city of Louisy ate a part 


of his supply of milki (approximately... 32 2a gallons 
Gaily:) Cframa nie. eis. eee ee (Names) 3.04/10 (Oe er 
a sD eae ptt ae CAddress):i0 oid eS 
Health Department Permit No...... which expires........ 


RSE Seah ste Tnes RE ,’ and no permit shall be issued by the Health 
Otticer to said applicant unless every person from whom said 
applicant plans to obtain milk for the aforesaid purpose has 
had issued to him a permit to sell milk in the city of Louisville 
which is still in force on the date of said application, and every 
permit shall become invalid if the holder of said yyermit offers 
for sale or sells milk which is not obtained from ‘a person hold- 
ing a Health Department permit, which has been granted and. 
is legally in force. 

Every other person desiring to sell milk for consumption in 
the city of Louisville shall make application therefor to the 
Health Officer on a blank form, to be furnished by the Health 
Officer, which application shall be substantially as follows: 


“Ap lication SN Ove as eee Dale ci iS oi ee pey ce ee eee Pe 
Name of applicant (or of applicants, if a firm or partnership) 


oe ¢ © © @ (0 “©. © © @ © 6 610 6,0 © 6.9 6 © & © € @ © 6 Ss ©, @ io 8 8 @ & 6 © 8 © 8 & G © 6 oe les © See] 


2 ¢ @. 6 © @ ©, 0:@. @ @.8 @,.0 (0 © s.\0. 0 € 6 © 8B 6 8 @ e868 68. HON 8 8 8 Ot eS 8) 66 6 66 6S Bie ee See 


Corporation name, if applicant be a corporation............. 
Name of person upon whom process may be served if applicant 
be a corporation, firm, partnership or association............ 
Place or places of business in the city of Louisville, oe . 
INO] Con edie s sar a ee een eee street, between............ 
BG ss no Ree er ae Memee as streets. 

In applying for this permit are you acting directly or in- 
directly for any person, firm, or corporation or partnership 
whose Seni to sell milk in the city of Louisville has been re- 


Signature of applicsiitss, elite 0 Jee 
Asa part of said application to sell milk, there shall accom- 
pany it, and be filed with it, one or more written statements of 
the applicant, containing the name and address of the person or 
persons from whom all the milk to be offered for sale or sold 
by aforesaid applicants is to be obtained, the nuinber of the 
permit or permits under which the milk for sale is to be pro- 
duced, and the date or dates of expiration of such permit or per- 
mits. 
Such information shall be written out on blanks furnished 
by the Health Officer and shall be substantially as follows: 


MILK. 349 


( Form.) 


“With application No..... (To be filled by Health Officer), 
MONT id wie Pict ns oat Pi ald 6 ila , applicant for a permit to sell 
milk in the city of Louisville, desire to obtain, subject to the 
laws and ordinances in force in the city of Louisville, the whole, 


a part, or my supply (approximately .......... gallons daily) 
ORY 2 eM AMI ONGSR eeiiety chee 0 dahese ks , who 
holds Health Department Permit No...... , which expires... . 
Ios eG (date)........ and no permit shall be issued by the 


Health Officer to said applicant unless every person from whom 

said applicant plans to obtain milk for the aforesaid purpose 
has had issued to him a permit to sell milk in the city of Louis- 
ville which is still in force on the date of said application, and 
every permit shall become invalid if the holder of said permit of- 
fers for sale or sells milk which is not obtained from a person 
holding a Health Department permit which has been granted 
and is legally in force. 

§ 38. As soon as practicable after the receipt of the applica- 
tion for any such permit, said Health Officer shall make or 
cause to be made, an examination of the premises and equip- 
ment, and of the cattle, which it is intended to use for or in 
connection with the producing, holding, offering for sale, or sell- 
ing of such milk, and if they be found to conform with the 
provisions of this ordinance and all other lawful requirements, 
said Health Officer shall, without cost to the applicant, issue 
the permit applied for: 


Provided, that permits to sell or distribute in or to 
bring or send milk into said city shall be issued on 
condition that in all matters pertaining to the production, 
handling, shipping and selling of milk, the holder of the per- 
mit will be governed by the laws and regulations in force in 
the city of Louisville. 

And, provided further, that no person shall send or bring 
into the city of Louisville for sale for human consumption any 
milk that cannot lawfully be sold for human consumption ac- 
cording to the laws of the State of Kentucky. 

And, provided further, that pending action by the Health 
Officer upon aforesaid application for permit, said Health Of- 
ficer may, if he be satisfied from written affidavit of applicant 
and from previous inspections that said applicant’s source of 
milk supply conforms in all respects to this ordinance, issue to 
said applicant a temporary permit pending the examination re- 
quired by this ordinance, such temporary permit, however, not 
to be valid for more than four months, and in no event shall 
such permit be valid after the completion: of the examination 
required to be made by this ordinance. 


250 MILK, 





§ 4. Whenever any person, producing milk for sale in the 
city of Louisville, or selling or exposing for sale, any milk in 
the city of Louisville, plans to change in whole or in part the 
source of his milk supply from that specified in his application, 
such person shall file an amended application with the Health 
Officer conforming with all the requirements of Section Two of 
this ordinance. 

§ 5. The furnishing of the statements required by this or- 
dinance shall not of itself entitle any person, firm or corporation 
to sell milk in the city of Louisville, but the Health Officer 
may demand other and further evidence, and be guided by 
other and further evidence, in granting any permit. The 
granting of the permits herein referred to shall not be held to 
dispense with any other lawful requirement, condition or license 
fee. 

§ 6. The Health Officer shall refuse to grant a permit to 
sell milk in the city of Louisville in any of the following cases: 

1. When any applicant.does not meet the requirements im- 
posed by Sections Two and Three of this ordinance. j 

2. When any applicant for a permit to sell milk or amended 
application to sell milk contains a false statement, willfully 
made. 

3. When any part of the milk sought to be sold by the appli- 
cant cannot lawfully be sold; or when any part of the milk 
sought to be sold is obtained, kept, stored, or handled in a man- 
ner contrary to that prescribed by this ordinance; or when the 
animals from. which any part of said milk is obtained are fed, 
kept, milked or handled in a manner contrary to that prescribed 
by this ordinance; or when any part of said milk is obtained 
from a dairy or dairy farm, conducted or maintained in a man- 
ner contrary to that prescribed by this ordinance, whether the 
keeping, storing, or handling of such milk, or the feeding, 
keeping, milking, or handling of such cows takes place in the 
city of Louisville or elsewhere, or whether such dairy or dairy 
farm is conducted or maintained in the city of Louisville or else- 
where. 

Whenever the person seeking to sell milk in the city of 
Louisville has been duly convicted of two separate offenses re-. 
lating to the sale of milk, whether such conviction takes place 
in the State of Kentucky or elsewhere, or under this ordinance 
or otherwise. 


§ 7. No fee shall be charged by the Health Officer for is- 
suing the permits herein referred to, or for furnishing the blank 
forms herein specified, or for performing any other act or duty 
required or permitted by this ordinance. 

§ 8. Every person to whom such a permit shall be granted, 
whether he be a producer, distributor, retailer, or handler, shali 


MILK. Q5{ 


keep the same continuously and conspicuously posted in his 
place of business. 

§ 9. All permits shall expire one year from date of issual; 
excepting temporary permits mentioned in Section Three. 


REVOCATION OF PERMITS. 


§ 10. The Police Court of the city of Louisville shall revoke 
permits for the sale of milk in the city of Louisville in any of 
the following cases: 

1. Whenever any application or amended application, which 
has been used in obtaining such permit, contains a false state- 
ment, willfully made. 

2. When the defendant has sold, or had in his possession for 
sale, any milk which cannot law fully be sold; or when he has 
sold any milk, or had in his possession for sale any milk, which 
has been obtained, kept, stored or handled in a manner contrary 
to that prescribed by this ordinance, or when any part of the 
milk sold, or in his possession for sale, is obtained from a dairy 
or dairy farm conducted or maintained in a manner contrary 
to that prescribed in this ordinance, whether the keeping, stor- 
ing or handling of such milk, or the feeding, keeping, milking 
or “handling of such cows takes place in the city of Louisville, 
or elsewhere, or whether such dairy or dairy farm is conducted 
or maintained in the city of Louisville or elsewhere. 

3. When the defendant has been duly convicted of two sep- 
arate offenses relating to the sale of milk, whether such convic- 
tion takes place in the State of Kentucky or elsewhere, or under 
this ordinance or otherwise. 

The revocation of a permit for the sale of milk shall ipso 
facto forfeit all license fees for the unexpired term for which 
such license fees were paid. 

§ 11. No permit for the sale of milk shall be revoked until 
the party proceeded against shall be summoned by a notice in 
writing, issued by the Clerk of the Police Court, or his deputy, 
at the instance of any party complaining, which notice shall 
specify briefly the ground upon which said revocation is sought, 
and shall be served in the manner required by the Civil Code 
of Practice for the service of a summons, provided that such 
notice may also be served upon the person designated in the 
application mentioned in Section Two of this ordinance, as the 
person upon whom process may be served, and provided also 
that said notice shall require the defendant to appear on the 
third day after the day of service of such notice, unless such 
third day be a Sunday or legal holiday, in which event the de- 
fendant shall appear on the next regular week day that is not a 
legal holiday. 


352 MILE. 


§ 12. No person whose permit shall have been revoked shall 
thereafter directly or indirectly through another person, obtain 
a permit within six months from the time of such revocation. 


MILK. 


§ 13. The term ‘‘ Milk’’ as used in this ordinance shall be 
held to include skimmed milk, cream, buttermilk, ice cream, 
eurds and whey. 

§ 14. No person shall in the city of Louisville exchange or 
deliver or have in his custody or possession with intent to sell, 
exchange or deliver, any milk, knowing that such milk was 
sold, exchanged or delivered or brought or sent into said city, 
without proper permit so to do, or after the revocation thereof. 

§ 15. All milk from sick or diseased cows, or from cows fed 
on refuse or slops from distilleries, breweries, vinegar factories 
or any other slop, mash or refuse which has been or is in a state 
of fermentation, and all milk containing any poisonous or 
deleterious ingredient, ard’all milk kept or handled in violation 
of this ordinance, shal,, upon discovery thereof, be immediately 
seized by or under the direction of the Health Officer or his as- 
sistants, or by the City Chemist or Bacteriologist, or the sanitary 
inspectors of the Health Department, or by any other person or 
persons properly designated and authorized by the Health 
Officer, and it shall be the duty of any police officer at or near 
the place of such seizure to assist the Health Officer or his as- 
sistants to make such seizure when called upon to do so. At the 
time of such seizure, or as soon thereafter as it can be done, the 
officer or person making such seizure shall deliver to the person 
in charge of such milk (or if no person be found in charge of 
same, shall post in a conspicuous place near or at the place of 
seizure) a written notice warning all persons interested in the 
milk so seized to appear before the Acting Police Judge of the 
city of Louisville at a time and place to be stated in such notice 
(which time shall not- be less than one hour nor more than 
twenty-four hours from the time of seizure) to show cause, if 
they can, why such milk shall not be declared confiscated and 
forfeited and ordered to be destroyed. Upon such hearing said 
Police Judge shall declare forfeited and confiscated and order 
destroyed all milk which is the product of sick or diseased cows, 
or of cows fed on refuse or slops from distilleries, breweries, vine- 
gar factories, or any other slop, mash or refuse which ‘has been 
or is in a state of fermentation, and all milk containing any 
poisonous or deleterious ingredient, and all milk kept or 
handled in violation of this ordinance. If, at the time of such 
forfeiture, no person appear to resist the forfeiture, the 
cause of forfeiture shall be deemed confessed and _ shalt 


MILE. 353 


be so ordered together with the destruction of such milk. 
Milk which cannot be confiscated, forfeited and destroyed under 
authority of this section shall, upon demand of the person from 
whose custody it was taken, be delivered up to such person. 

§ 16. No “Pasteurized”’ milk shall be held, offered for sale 
or sold in the city of Louisville unless it bears on each bottle 
or other receptacle or the label of each bottle or other receptacle 
the word ‘“‘Pasteurized,” and in addition figures stating plainly 
and truthfully the temperature to which the contents have been. 
heated, the length of time for which it has been subjected to- 
such temperature, and the day on which said Pasteurization 
took place. 

§ 17. The presence of any milk which is forbidden by law 
or ordinance to be sold in the city of Louisville or to be brought 
or sent into the city of Louisville in or about the place of busi- 
ness of any person dealing in milk, or in or about any vehicle 
used by any such person for the delivery of any such article, 
shall be prima facie evidence of an intent on the part of such 
person to sell the same and of the fact that he is holding or 
offering the same for sale. 


EQUIPMENT AND CLEANLINESS. 


§ 18. No barn or other building shall be used for stabling: 
“ows for dairy purposes which is not well constructed, lighted 
and ventilated, or which is not provided with a suitable tloor and. 
properly drained, or which contains less than 500 cubic feet or 
clear space for each cow. 

The ties or stanchions shall be so constructed that each cow 
shall have a space at least 31 feet in width. 

§ 19. Every person using premises for keeping cows for 
dairy purposes shall keep the entire premises clean and the 
buildings well varnished, painted or whitewashed, and no accu- 
mulation of manure or filth shall be allowed within the dairy 
stable, but shall be removed at least twice daily to a point not. 
less than thirty feet distant from the stable and milk house. 

§ 20. Milkers and those engaged in the handling of milk 
shall maintain strict cleanliness of their hands and persons 
while milking or handling the imlk. Miulkers shall not milk 
with wet hands. 

§ 21. All cans, vessels and receptacles used in the handling: 
of milk, as well as all vehicles, refrigerators, compartments and. 
stores, or other places where milk is kept, stored or handied, 
shall be kept and maintained scrupulousiy clean, and shall be 
kept free from the presence or vicinity of any article of any 
kind likely to contaminate or injuriously affect the quality or 
taste of said milk. All cans, vesesls and receptacles in which 


354 MILK. 


milk is kept shall be sterilized with boiling water or live steam 
each time they are used, and all cans, measures and dippers, 
and all other utensils and appliances used in. handling milk 
shall be scalded or sterilized daily, and all bottles in which milk 
is distributed shall be washed clean and sterilized each time they 
arc used. All rooms or spaces in which milk is handled or sub- 
jected to any process shall be scrupulously cleaned at least once 
each day, shall be amply hghted by daylight, drained in a sani- 
tary manner and properly ventilated. 

§ 22. Any person using any premises for keeping cows for 
dairy purposes shall provide and use a sufticient number of 
receptacles of non-absorbent maierial for the reception, storage 
and delivery of milk, and shall keep them clean and wholesome 
at all times, and at milking time shall remove each receptacle, 
as soon as filled, from the stable or room or place in which the 
cows are kept or milxed. Milk shall not be stored or kepz within 
any room used for stabling cows or other domestic animals, or 
in any room used as a bedroom or living room, 

Shipper’s cans shall not be used for the storage of milk by 
the dealer or consumer, but shall be returned to the shipper or 
owner sterilized and clean within twenty-four hours after they 
shall have been received. Cans which are rusty inside or badly 
dented or mashed cans or containers shall not be used for the 
‘transporation or storage of milk. 

§ 23. Every person keeping cows for the production of milk 
for sale shall cause the same to be kept clean and wholesome at 
all times and shall cause the teats, and if necessary, the udders, 
to be carefully cleaned by brushing, washing or wiping before 
milking, and shall cause each of such cows to be properly fed 
and watered. 

§ 24. No person shall keep, or have in his possession, in any 
stable, lot or pasture, or other place where dairy animals are 
fed or kept, nor within 100 feet thereof, any slops or refuse of 
any distillery, brewery or vinegar factory, or any similar slops, 
mash or refuse. 

The presence of hogs or beef cattle at or near such stables 

shall not be construed as a valid reason for the hauling to or 
the presence in or near said stables of distillery swill or other 
materials specified in this section, and hogs and other animals 
are to be permitted only in places where their presence inter- 
feres in no way with the provisions of this ordinance. 
_ All wagons or other conveyance used for hauling or con- 
veying distillery swill or other materials specified in this sec- 
tion, shall have painted plainly and legibly on both sides there- 
of-in letters not less than four inches high in a position where 
it may be easily read by the passer-by, the name of the owner 
of said wagon or conveyance. 


MILK. 955 





It shall be the duty of any police officer of the city of 
Louisville, having knowledge of a violation of this section, to 
promptly report the same in writing to the Health Officer. 

§ 25. That no person shall sell, exchange, deliver, rent, bor- 
row or buy any cow, to be used for the production of milk to be 
sold in the city of Louisville, knowing that such cow is unfit. 
for that purpose by reason of disease or injury. 


TRANSPORTATION AND DELIVERY. 


§ 26. Whenever any milk sold or offered for sale in the city 
of Louisville is conveyed to said city, in whole or in part, by a 
common carrier, the cans containing such milk shall, before de-- 
livery to such common carrier, be securely sealed by leaden 
seals and wires (such as are commonly used in sealing milk. 
cans) in such manner as to prevent the removal of the contents: 
of said can without breaking said seal. 

Whenever it is necessary for an inspector to remove a sam- 
ple of milk from such a sealed can in transit, the can shall 
be resealed by the inspector with a leaden seal and so stamped: 
as to show the consignee that the can was last closed by some 
agent of the Health Office. 

And no milk which has been transported in whole or in 
part by a common carrier shall be sold or offered for sale im 
the city of Louisville unless the seal on the receptacle in which. 
the milk is contained is unbroken when received from such 
common carrier. 

§ 27. All wagons or other vehicles used for transportation 
or peddling milk shall be provided with a suitable top or cover 
for protecting the milk from the heat of the sun, and shall have 
painted plainly and legibly on both sides thereof in letters at 
least three (3) inches high, in a position where it may be easily 
read by the passerby, the name of the owner of the wagon, or of 
the milk which it contains, the location of his place of busi- 
ness and the number of the wagon. It shall be the duty of any 
police officer of the city of Louisville to watch for violations of 
this section and promptly report the same in writing to the 
Health Officer. Persons using more than one wagon for carry- 
ing milk shall number such wagons consecutively, said num- 
bers being placed on the wagons as above provided. 

§ 28. No person shall use any wagon or other vehicle for 
the transporation or the delivery of milk which wagon or ve- 
hicle is not clean and free from any material liable to contami- 
nate such milk. 

$ 29. No person shall hold for sale or sell milk in a bottle 
bearing the name of any other person, firm, company or corpor- 


356 MILK. 


ation which sells milk, unless said person be the duly authorized 
agent of said person, firm, company or corporation. 

§ 30. In the city of Louisville no person shall furnish milk 
tickets to any purchaser of milk other than tickets in coupon or 
book form, nor use again tickets that have been previously used. 

SL No person shall, in the city of Louisville, fill or partly 
fill with milk any receptacle which is to be delivered to the pur- 
chaser of such milk unless such receptacle is in a clean and 
sanitary condition, and if previously used, has since last used 
been properly cleaned and sterilized in a duly licensed dairy 
or on a duly licensed dairy farm. 


INFECTIOUS DISEASES. 


§ 32. Every person holding a permit to produce, hold or 
offer for sale, or to sell milk in the city of Louisville, shall notify 
the Health Officer of said city in writing of the ovcurrence of 
typhoid fever, diphtheria, scarlet fever, tuberculosis or of any 
other contagious or infectious disease among persons working 
‘in connection with the business authorized by such permit, or 
in the family of such person, or among persons dwelling on the 
premises where such business is conducted, and of the occur- 
rence of any contagious or infectious disease or of any disease 
of the udder among the cattle on the premises on which the milk 
sold by him is produced, such notice to be forwarded to said 
Health Officer immediately after the person holding such per- 
mit becomes aware of the existence of any such disease as afore- 
“said. 

No person suffering from or liable to communicate to other 
‘persons, typhoid fever, scarlet fever, diphtheria, tubercuiosis or 
any other contagious or infectious disease, shall work in or about 
the producing, holding or offering for sale, or the selling of 
milk, intended for consumption in the city of Louisville. No 
‘person having authority and power to prevent shall knowingly 
‘permit any person aforesaid so to do. 

§ 33. Under no circumstances shall any milk dealer or the 
employe of anv milk dealer take from any quarantined house 
any can or bottle, or enter such a house for any purpose what- 
ever without written permission from the Health Officer. 


DUTIES OF HEALTH OFFICER AND ASSISTANTS. 


§ 34. It shall be the duty of the Health Officer of the city 
of Louisville, and of such agents or employes in the service of 
the Health Department as he may designate for that purpose, 
to enforce the provisions of this ordinance and of all the regu- 
lations made by the authority thereof. 


MILK. 357 





At the end of each month the Health Officer shall compile a 
list of the names and addresses of all persons who have unsuc- 
cessfully applied to sell milk in the city of Louisville, or whose 
permit to sell milk in the city of Louisville has been revoked 
during that month. 

At the end of each month the Chemist and Bacteriologist 
shall make a complete report to the Health Officer of all the ex- 
aminations of milk which have been made during the month, 
giving names and locations of the venders from whom samples 
were obtained and a full report as to the examination of each 
sample. 

The reports provided for in this section shall be matters of 
public record, and the Health Officer shall furnish a copy to 
any person who may request such copy. 


INSPECTION. 


§ 35. Any officer, agent or employe, representing the 
Health Department or police officer of the city of Louisville, 
shall, at all times, have right of entry for inspection to any 
dairy farm or stable where milk is produced which is to be sold 
within the city of Louisville; and to any building, premises or 
place of any kind where milk is stored or kept for sale, and to 
any wagon, railroad car or other vehicle of any kind used for 
the conveyance of milk to be sold in the city of Louisville; and ' 
such officer, agent or employe shall at all times have the right to 
inspect all cattle, apparatus, appliances, utensils and other equip- 
ment used in connection with the production, handling, trans- 
portation or distribution of milk to be sold or offered for sale 
in the city of Louisville; and such officer, agent or employe shall 
have the right at any time to take samples of milk therefrom, 
without compensation, for the purpose of examination or analy- 
sis, such samples not to exceed one quart from each can or re- 
ceptacle. In cases where milk is sold by bottle, the bottle, with 
its contents, may be taken as a sample for examination. 

No person shall interfere with said Health Officer, or with 
any agent or employe, in the performance of his official duty, 
when such person has reasonable ground for recognizing said 
Health Officer, or agent, or employe in his official capacity, nor 
shall any person hinder, prevent or refuse to permit any in- 
spection or examination aforesaid. 

§ 56. Every person, holding, or offering for sale in the city 
of Louisville, milk, shall at all times keep posted conspicuously 
in his place of business, on forms furnished by and the prop- 
erty of the Health Department, in plain letters, not less than 
one inch high, so that the same may be easily read by purchas- 
ers of such milk, the name or names of the person or persons 


358 MILK. 


from whom the milk offered for sale has been obtained; except- 
ing that when such names would exceed six (6) in number, the 
names and corresponding addresses may be typewritten on 
sheets of paper or in a book and attached to said permit, and a 
copy of this typewritten list, corrected to the first day of each 
month, shall be sent to'the Health Office by the fifteenth (15) 
day of the same month. 

§ 37. The word “person,” as used in this ordinance, shall 
be construed to include any firm, association or corporation, and 
the officers, agents or employes. of either. The singular shall 
be construed to include the plural, and the plural the singular, 
number. 

§ 38. The words ‘Health Officer,” as used in this ordi- 
nance, shall be construed to mean the chief officer, having 
active charge of the duties of the Health Department, or Board 
of Health of the city of Louisville, by whatever name or title 
said functions may be performed. 

§ 39. The word “sell,” as used in this ordinance, shall be 
construed to include any process or device whereby the posses- 
sion of milk is transferred, for money or other thing of value, 
from one person to another, whether by wholesale or retail, and 
whether in boarding houses, restaurants, hotels, eating houses, 
lunch rooms, lunch counters, cafes, saloons, stores, dairies, 
groceries, bakeries, or elsewhere . 

§ 40. The expression “milk which cannot be lawfully 
sold,” or its equivalent, as used in this ordinance, shall be con- 
strued to include milk that cannot be lawfully sold under the 
statutes or laws of this State or of the United States, or under 
this or any other ordinance of the city of Louisville, whether 
such statute law, or ordinance be now existing, or be hereafter 
adopted, declared or enacted. 

§S 41. Each day’s failure or neglect to do any of the things 
prescribed by this ordinance shall constitute a separate offense. 
Each day’s continuance of any action or condition of affairs pro- 
hibited by this ordinance shall constitute a separate offense. 

S 42. Any person, firm, company or corporation, who shall 
violate any of the provisions of this ordinance, shall be fined for 
such offense not less than fifteen nor exceeding one hundred 
dollars. 

This ordinance shall not be construed to prohibit or punish 
any offense now prohibited or punished, or hereafter prohibited 
or punished by any ‘statute of the State of Kentucky, under 
ae a punishment exceeding a fine of $100.00 can be im- 
posed. 

$43. An ordinance entitled, “An Ordinance Regulating the 
Sale of Milk,” approved May 14, 1898, and all ordinances in 
conflict herewith are hereby repealed. 


MONUMENTS——MORGUE. 859 


§ 44. This ordinance shall take effect from and after its 
passage. 
Approved April 26, 1909. 


MONUMENTS. 


AN ORDINANCE for the protection of monuments erected by 
the Commissioners of Sewerage of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That it shall be unlawful for any person to either re- 
move, deface, mutilate, or in any other way disturb the stone 
monuments or tablets thereon, now erected, or which may here- 
after be erected by the Commissioners of Sewerage of Louis- 
ville, which monuments are for the purpose of indicating the 
geodetic position and elevation with respect to sea level. 

§ 2. Any one violating the provisions of this ordinance 
shall be fined not less than fifty or exceeding one hundred dol- 
lars, or be imprisoned not less than ten or exceeding thirty 
days, or both. 

§ 3. This ordinance shall take effect from and after its 
publication. 

Approved May 31, 1906. 


MORGUE. 


AN ORDINANCE to establish and conduct a morgue for the 
reception of dead human bodies in the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. There is hereby established in the city of Louisville a 
morgue for the reception of unclaimed dead human bodies. 

§ 2. The said morgue shall be established at or near the 
corner of Eighth and Chestnut streets in said city. 

§ 3. The said morgue shall be under the custody, control, 
and management of the Board of Public Safety, and shall be 
conducted in accordance with such rules and regulations as said 
board may prescribe. 

$ 4. It shall be the duty of each and every person or persons 
fo report to said morgue every dead human body which is un- 


360 NUISANCES. 


claimed, and which comes to the knowledge, or is in the pos- 
session or custody of any person or persons, to said morgue, 
within twelve hours from the death of any person, or from the 
discovery of any unclaimed dead human body, or from the 
time any unclaimed dead human body comes in the custody or 
control of said person or persons. 

S 5. Any person violating any of the provisions of this or- 
dinance shall be fined not less than twenty-five dollars nor more 
than one hundred dollars for each offense. 

S 6. An ordinance entitled “An ordinance to establish «a 
morgue in the city of Louisville for the reception of unclaimed 
dead human bodies,” approved October 2, 1894, and all other 
ordinances in conflict herewith, are hereby repealed. 

§ 7. This ordinance to take effect from and after its publi- 
cation. 

Approved August 6, 1895. 


NUISANCES. 


AN ORDINANCE empowering and authorizing the Health 
Officer to order the removal, abatement, or prevention of 
any and every sanitary nuisance in the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the Health Officer shall have authority to order 
the removal, abatement, or prevention of any and every sanitary 
nuisance that may not require proceedings in court, and specify 
a reasonable time within which it shall be done. In the event 
of the failure of the owner, agent, or occupant of the premises 
to comply with the order of the Health Officer to so remove, 
abate, or prevent any sanitary nuisance within the time given, 
he or she shall be liable to a fine in the city court of not less 
than ten ($10) dollars nor more than twenty ($20) dollars. 

§ 2. This ordinance shall take effect from and after its 
publication. 

Approved December 24, 1895. 


NUISANCES.—NUMBERING OF HOUSES. 


ce) 
oD 
od 





NUISANCES. 
AN ORDINANCE concerning nuisances injurious to health. 
Be it ordained by the General Council of the city of Louisville: 


§ 1. That the Health Officer shall have power and author- 
ity to examine into all nuisances, sources of filth and causes of 
sickness, that may in his opinion be injurious to the health of 
the inhabitants of the city, and whenever any such nuisance, 
source of filth, or cause of sickness shall be found to exist on any 
private property, or in any vessel within any port or harbor, or 
upon any water course, within the city of Louisville, the Health 
Officer shall have power and authority to order in writing the 
owner or occupant thereof, at his own expense, to remove the 
same within twenty-four hours, or within such reasonable time 
thereafter as such Health Officer may order; and if the owner 
or occupant shall neglect so to do, he shall be fined not less 
than ten dollars nor more than one hundred dollars, and each 
day’s continuance of such nuisance, or source of filth, or cause 
of sickness, after the owner or occupant thereof shall have been 
notified to remove the same, shall be a separate offense. 

§ 2. That all other ordinances in conflict with this ordi- 
nance are hereby repealed. 

§ 3. That this ordinance shall take effect from and after its 
passage. 

Approved June 28, 1898. 


NUMBERING OF HOUSES. 


AN ORDINANCE in regard to the numbering of houses and 
lots in the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That all houses and lots in the city of Louisville shall 
be numbered as hereinafter provided. 

§ 2. First street shall be the dividing line from which the 
numbering East and West shall commence, beginning with the 
number “100” on each side of said dividing line, placing the 
odd numbers on the north side and even numbers on the south 
a of the the streets running eastwardly and westwardly there- 

rom. 


262 NUMBERING OF HOUSES. 


For the streets running north and south the dividing line 
shall be Main street (commencing at the city limits on the 
west) and extending eastwardly to the first alley southwest of 
Stone street, extended, and then said alley to the right of way 
of the Louisville & Nashville railroad, then the Louisville & 
Nashville right of way to Frankfort avenue, and then Frankfort 
avenue eastwardly to the city limits. 

’ The numbering shall begin with “100” on each side of said 
dividing line, placing the odd numbers on the east side and 
the even numbers on the west side of the streets. 

All the numbers on the houses north of said dividing line 
shall be known as North and all the numbers on the houses 
south of said dividing line shall be known as South. 

§ 3. A frontage of twenty-five (25) feet shall be allowed 
for each number. The number given to any house or lot shall 
be the number nearest to the proper line. Where the distance 
between two lots is not sufficient to admit of this, half num- 
bers may be employed, though only where necessary; and as far 
as practicable all numbers opposite to each other on the same 
street shall correspond whenever a house shall be upon a lot 
having a greater number of front feet than is herein pre- 
scribed the number of said house shall be the number of the 
lot upon which the house, or the greater part of the front 
thereof, stands. 

§ 4. The numbering shall commence with “100” at the 
dividing lines, as above provided, and continue so as not to 
exceed the number ‘‘200” on the first square; the next square 
to begin with 200,” and continue so as not to exceed the num- 
ber “300” on the same square. All other squares running 
eastwardly and westwardly and northwardly and southwardly 
shall be numbered in a corresponding manner until each and 
every house and lot in every square is numbered. 

§ 5. The blocks or squares to each of which one hundred 
numbers are allotted going north and south of the dividing 
line are those lying between the main thoroughfares as herein 
established, all intermediate cross streets not being regarded 
in the numbering. 

The main thoroughfares south of said dividing line are 
hereby established and numbered as follows: 

Main thoroughfare No. One shall be Market street (com- 
mencing at the city limits on the west) and extending eastward- 
ly to Mellwood avenue, then Payne street and Payne street, 
extended, to Park avenue, then Graham street and Graham 
street, extended, to Stiltz Lane. 

Main thoroughfare No. Two shall be Hanover street and 
Hanover street, extended, then Jefferson street and Jefferson 
street, extended, then Hamilton avenue, from Mellwood avenue 


NUMBERING OF HOUSES. 363 





to Payne street, then Quarry street and Quarry street, ex- 
tended, to Berkenmeyer avenue, then Raymond avenue to 
Maryland avenue, then Fayette avenue and Ifayette avenue, ex- 
tended, to Park avenue, then Center avenue and Center avenue, 
extended, to Stiltz Lane. 

Main thoroughfare No. Three shall’ be Herman street and 
Herman street, extended (commencing at the city limits on the 
west), then Hackney avenue, Green street and Green street, ex- 
tended, to Baxter avenue, then Hamilton avenue to Payne 
street, then Long avenue from Maryland avenue, extended, to 
Stiltz avenue. 

Main thoroughfare No. Four shall be Walnut street (com- 
mencing at the city limits on the west), to Garden street, then 
Walnut street, extended, to the intersection of Baxter avenue 
and Hull street, then Hull street and Hull street, extended, to 
four hundred and sixty (460) feet east of Payne street. 

Main thoroughfare No. Five shall be Chestnut street (com- 
mencing at the city limits on the west) to Garden street, then 
Chestnut street, extended, to the intersection of Overhill and 
Fetter streets, then Fetter street and Payne street to Hamilton 
avenue. 

Main thoroughfare No. Six shall be Broadway (commenc- 
ing at the city limits on the west) to Baxter avenue, then 
Broadway, extended, from Baxter avenue to a point on Spring 
street seventeen hundred (1,700) feet, more or less, west of 
Long avenue, then Spring street eastwardly. 

Main thoroughfare No. Seven shall be Lewis avenue, ex- 
tended (commencing with the city limits on the west), then 
Lewis avenue, Maple street, York street, College street, Lamp- 
ton street and Wickliffe avenue. 

Main thoroughfare No. Eight shall be Garland avenue 
(commencing at the city limits on the west), then Lexington 
street and Breckinridge street. 

Main thoroughfare No. Nine shalt be Kentucky street, 
extended (commencing at the city limits on the west), then 
Kentucky street and Hepburn avenue. 

Main thoroughfare No. Ten shall be Grand avenue, ex- 
tended (commencing at the city limits on the west), then 
Grand avenue, Harney street, Churchill street, St. Catherine 
street and St. Catherine street, extended, Rufer avenue, ex- 
tended, and Rufer avenue, Transit avenue and Long avenue 
to Spring street. ; 

Main thoroughfare No. Eleven shall be Virginia avenue 
(commencing at the city limits on the west), then Oak street 
and Oak street, extended, to Reutlinger avenue, then Struck 
avenue to Schiller avenue, then Struck avenue, extended, to an 
intersection of Von Borries avenue with Rosewood avenue, 


264 NUMBERING OF HOUSES. 


then Rosewood avenue and Longest avenue to Finzer parkway. 

Main thoroughfare No. Twelve shall be Dumesnil street 
(commencing at the city limits on the west), then Euchd 
avenue, Ormsby avenue, Goss avenue with the proposed Kast- 
ern parkway, then the Eastern parkway to Castlewood, then 
Ferndale avenue and Melrose avenue to Cherokee Park. 

Main thoroughfare No. Thirteen shall be Woodland ave- 
nue (commencing at the city limits on the west) , and Magnolia 
avenue, Victoria Place, Magnolia avenue, extended, to Preston 
Court, then Preston Court, then a line extended from the inter- 
section of Preston Court and Preston street to the intersection 
of Meriwether street with Burnett avenue, then with Meriwether 
street and Mulberry street. 

Main thoroughfare No. Fourteen shall be Southern avenue 
(commencing at the city limits on the west), then Gibson Lane, 
Hill street, Hill street, extended, to Shelby street, Burnett ave- 
nue from Shelby street southeastw ardly. 

Main thoroughfare No. Fifteen shall be A street and A 
street, extended (commencing at the city limits on the west), 
then Bland street, Oldham street and Forrest. street. 

Main thoroughfare No. Sixteen shall be Lee street and Lee 
street, extended. 

Main thoroughfare No. Seventeen shall be Bloom avenue 
and Bloom avenue, extended, to Lawton avenue, then Rawling 
avenue to Oldham street. 

Main thoroughfare No. Eighteen shall be Asace avenue and 
Avery avenue, extended. 

Main thoroughfare No. Nineteen shall be Brandeis avenue 
and Brandeis avenue, extended, and Cox avenue. 

Main thor oughfare INO tA. wenty shall be Barbee avenue and 
Barbee avenue, extended, and Lynn street. 
Main thor ough fare No. Twenty-one shall be F street and F 
street, extended. 

Main thoroughfare No. Twenty-two shall be G street and G 
street, extended. 

Main thoroughfare No. Twenty-three shall be H street and 
H street, extended. : 

Main thoroughfare No. Twenty-four shall be J street and J 
street, extended. 

Maia thoroughfare No. Twenty-five shall be K street and K 
street, extended. 

Main thoroughfare No. Twenty-six shall be L street and L 
street, extended. 

Main thoroughfare No. Twenty-seven shall be M street and 
M street, extended. | . 

Main thoroughfare nyo. Twenty-eight shall be N street and 
N street, extended. 





NUMBERING OF HOUSES. 2365 





Main thoroughfare No. Twenty-nine shall be O street and 
O street, extended. 

Main thoroughfare No. Thirty shall be P street and P street, 
extended. 

The main thoroughfares north, of said dividing line are 
hereby established and numbered as follows: 

Main thoroughfare No. One shall be Rowan street (com- 
mencing at the city limits on the west), then Water street, 
Geiger street, Franklin street, from Wenzel street to Cabel 
street; then Quincy street and Quincy street, extended, to 
Adams street, then Maiden Lane and Story avenue from Ohio 
street to Letterle avenue, then Letterle avenue from Story ave- 
nue eastwardly. 

Main thoroughfare No. Two shall be Duncan street (com- 
mencing at the city limits on the west), then Lytle street from 
hifteenth street to Fourteenth street, then Fulton street from 
Second street to Jackson street, then Brady street and Brady 
street, extended, then Elm street and Elm street, extended, to 
Lloyd street, then Lloyd street and Lloyd street, extended, and 
Tompert avenue. 

Main thoroughfare No. Three shall be Garfield avenue 
(commencing at the city limits on the west), and Garfield ave- 
nue, extended, Griffiths avenue, Fulton street from Jackson 
street to Adams street, then Van Buren street northeastwardly. 

Main thoroughfare No. Four shall be Bank street (com- 
mencing at the city limits on the west) to Seventeenth street. 

Main thoroughfare No. Five shall be Pflanz avenue (com- 
mencing at the city limits on the west), then Portland avenue 
from Thirty-third street to Sixteenth street. 

Main thoroughfare No. Six shall be High avenue. 

Main thoroughfare No. Seven shall be Rudd avenue. 

Main thoroughfare No. Eight shall be Missouri avenue. 


$ 6. On streets running eastwardly and westwardly which 
do not intersect First street the squares thereof shall be num- 
bered to correspond with what would be the proper numbers 
if said streets were so extended as to intersect said First street. 
Baxter avenue shall be treated as if it ran north and south. 

§ 7. It shall be the duty of the Board of Public Works to 
cause to be prepared, from time to time, maps of the several 
streets of the city, showing the numbers of all houses, and 
upon the application of any owner or agent shall inform him 
what is the official number of every such building. 

§ 8. It shall be unlawful for any owner, occupant or agent 
of any building to retain or use, or to permit to remain on any 
such building any other number than that officially designated 
by the Board of Public Works under the provisions of this or- 
dinance. 


366 OFFICERS—BOND AND OATH. 


§ 9. All numbers shall be not less than 3 inches in height, 
and be distinctly legible and shall be posted in a conspicuous 
place upon the front of the building so that they can easily be 
seen from the public way. 

§ 10. Every owner, or occupant, or agent of any building 
now erected, or that may hereafter be erected in the city of 
Louisville, who shall remove from said building the official 
number as required by the provisions of this ordinance, shall 
upon.a conviction be fined in the sum of not less than two 
dollars, nor more than five dollars for each offense, and each day 
he shall so remain in default shall be deemed a separate offense 
and punished accordingly. 

§ 11. Any person who shall, without the authority of the 
owner, or occupant or agent, remove from any building now 
erected, or that may hereafter be erected in the city of Louis- 
ville, the official number as required by the provisions of this 
ordinance, or who shall deface, injure or destroy any such 
number, shall upon conviction be fined in a sum of not less 
than two dollars, nor more than five dollars for each offense. 

§ 12. It shall be the duty of all policemen of the city of 
Louisville to report violations of any provision of this ordinance. 

§ 15. The ordinance approved June 8, 1907, entitled “An 
ordinance in regard to the numbering of houses and lots, and 
providing that the names of streets be placed on all street 
corners in the city of Louisville,” and all ordinances and parts 
of ordinances in conflict herewith are hereby repealed. 

§ 14. This ordinance shall take effect from and after its 
passage. 

Approved July 18, 1909. 


OFFICERS—BOND AND OATH OF. 


AN ORDINANCE in relation to the bond and oath of office 
for officers of the city of Louisville. 


Be it ordained by the General Couneil of the city of Lowsville: 


§ 1. That each of the following officers of the city of 
Louisville shall, before entering upon the discharge of his 
official duties, execute a bond with good surety in the name 
of the Commonwealth of Kentucky for the use and benefit of 
the city of Louisville, conditioned upon the faithful perform- 
ance of all his duties as such officer, namely: 


OFFICERS—-BOND AND OATH. 567 





The City Treasurer, a bond in the sum of one hundred 
thousand ($100,000) dollars; the Clerk of the City Treasurer, 
a bond in the sum of ten thousand ($10,000) dollars; the 
Tax Receiver, a bond in the sum of one hundred thousand 
($100,000) dollars; the Cashier of the Tax Receiver, a bond in 
Ss sum of ten thousand ($10,000) dollars; the ‘Auditor, a 
bond in the sum of twenty thousand ($20,000) dollars; the 
Comptroller, a bond in the sum of twenty thousand ($20,000) 
dollars; the City Buyer, a bond in the sum of ten thousand 
($10,000) dollars; the Assistant City Buyer, a bond in the 
sum of ten thousand $10,000) dollars; the City Assessor, a 
bond in the sum of ten thousand ($10,000) dollars; the 
Livestock Inspector, a bond in the sum of five thousand ($5,- 
000) dollars; each member of the Board of Public Works a 
bond in the sum of five thousand ($5,000) dollars; each mem- 
ber of the Board of Public Safety, a bond in the sum of five 
thousand ($5,000) dollars; the Superintendent of Public 
Wharves, a bond in the sum of five thousand ($5,000) dol- 
lars; the Superintendent of the Street Cleaning Department, a 
bond in the sum of five thousand ($5,000) dollars; the Super- 
intendent of the Workhouse, a bond in the sum of two thou- 
sand ($2,000) dollars; the Superintendent of the Home for 
the Aged and Infirm, a bond in the sum of two thousand 
($2,000) dollars; the Building Inspector, a bond in the sum 
of five thousand ($5,000) dollars; the Superintendent of the 
City Hospital, a bond in the sum of two thousand ($2,000) 
dollars; the Superintendent of the Eruptive Hospital, a bond 
in the sum of one thousand ($1,000) dollars; the Inspector of 
Weights and Measures, a bond in the sum of five thousand 
($5, we dollars. 

§ 2. The bonds of the City Buyer, the City Assessor and 
the Livestock Inspector shall be approved by the General 
Council; the bond of the Inspector of Weights and Measures 
shall be approved by the Mayor; the bonds of all of the other 
officers mentioned in the first section of this ordinance shall 
be approved by both the Mayor and the General Council. 

§ 3. The affidavit to be taken and the form of the bond to 
be executed by each of said officers shall be in substance as 
follows: 

AFFIDAVIT. 


J, ———________——., do hereby solemnly swear that 
I will support the Constitution of the United Stated and the 
Constitution of this State, the charter and ordinances of the 
city of Louisville, and be faithful and true to the Common- 
wealth of Kentucky, so long as I continue a citizen thereof, and 
that I will faithfully execute, to the best of my ability, the 


368 OFFICERS——-BOND AND OATH. 











office of —_—________—_— according to law and ordi- 
nance; and I do further solemnly swear, that since the adop- 
tion of the present Constitution, I, being a citizen of this 
State, have not fought a duel with deadly weapons within 
this State, nor out of it, nor have I sent or accepted a chal- 
lenge to fight a duel with deadly weapons; nor have I acted 
as second in carrying a challenge or aided or assisted any 
person thus offending; and I do further solemnly swear that 
I possess the qualifications prescribed by an act of the Gen- 
eral Assembly entitled, ““An act for the government of cities 
of the first class,’ approved July 1, 1893, as amended, and 
that I am not subject to any disabilities which render me in- 
eligible to hold the said office. So help me God. 














Subseribed and sworn to before me this day of ; 
Ps Mayor of the city of Louisville. 
BOND. 
The undersigned, — —____—_——., having been 


duly elected (or appointed) to the office of ——————_____.. 
in and for the city of Louisville, for the term as prescribed by 
the charter and ordinances of said city, and having qualified 
by taking the oath of office. Now, therefore, we, ——————_, 
as principal, and ———, as surety, hereby bind ourselves, 
our personal representatives and assigns to the Commonwealth 
of Kentucky for the use and benefit of the city of Louisville in 
the sum of $ , that the said ——____—. 
shall faithfully perform all of the duties of said office accord- 
ing to the law and ordinances. 

Witness our signatures this —————— day of ———————_, 














19 





§ 4. Each of said bonds, after having been approved as 
aforesaid, shall, with the affidavit attached thereto, be lodged 
with the Comptroller and filed by him as a part of the records 
of his office. 

§ 5. The ordinance entitled, “An ordinance prescribing 
the tiga of bond and oath of office for officers of the city of 
Louisville,” approved February 5, 1894, and all other ordi- 
nances and parts of ordinances in conflict herewith, are hereby 
repealed. 

S$ 6. This ordinance shall take effect from and after its 
passage. ea 


OFFICE HOURS——OHIO RIVER. 369 





The foregoing ordinance having been presented to the 
Mayor, and having been withheld by him beyond the day of 
the next regular meeting of the General Council on January 
20. 1909, and more than three days having intervened be- 
tween the presentation to the Mayor and said meeting, and 
the General Council having actually met on said day, the 
same became obligatory as if signed by him, according to 
Section 2795, Kentucky Statutes, and takes effect from and 
after January 20, 1909. ‘This ordinance was not returned to 
the clerk of the General Council until November 6, 1909. 

JOE D. BRADBURN, C. B. A. 
C. B. NORDEMAN, C. B. C. 


— 


OFFICE HOURS. 


AN ORDINANCE concerning the office hours of all city 
officers, including the clerks of the General Council. 


Be it ordained by the General Council of the city of Lowsville: 


$ 1. That the office hours of all city officers, including the 
clerks of the General Council, shall be from 9 A. M. to 4 P. M., 
except that on Saturdays, from May 1 to October 1 in each 
year, the offices of all city officers, including the clerks of the 
General Council, may be closed after 1 P. M. 

§ 2. All ordinances in conflict with this ordinance be and 
the same are hereby repealed. 

§ 3. This ordinance shall take effect from and after its 
passage and publication. 

Approved April 21, 1899. 


OHIO RIVER. 
AN ORDINANCE prohibiting obstructions in the Ohio river. 


Be it ordained by the General Council of the city of Lowisville: 


It shall be unlawful for any person to place or cause ob- 
structions in the Ohio river within the limits of said city, with- 
out permission first obtained from the Wharfmaster or General 
Council, and when such permission shall have been obtained, 
or there shall be any obstruction without permission, it shall 
be the duty of the person so placing or causing such obstruction 


370 PARK POLICE——PAUPERS. 


to remove the same at any time he may be required to do so 

by the Wharfmaster or the General Council. Any person fail- 

ing to comply with the provisions of this ordinance shall be 

fined not less than five dollars nor more than fifty dollars for 

each twenty-four hours said obstruction shall remain. 
Approved December 2, 1858. 


PARK POLICE. 


AN ORDINANCE authorizing the Board of Park Commis- 
sioners to establish a special police force for the proper 
guarding of park property, and to regulate the same. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That the Board of Park Commissioners are authorized 
and empowered to elect and appoint a special park police force, 
to consist of such number, rank, and grade as said board shail 
deem proper, and to be uniformed and to wear such badges as 
said board shall prescribe; provided, said uniform and badges 
shall differ from the uniforms and badges of the regular police 
force of the city of Louisville. 

§ 2. Said Board of Park Commissioners are authorized 
and empowered to prescribe the term of office of said special 
police force, and to establish all necessary rules and regulations 
for the proper government and discipline of same; to fix and 
enforce the punishment of the said police for the violations of 
said rules and regulations; or, if they see proper, to dismiss 
any or all of said police force for such cause as they may deem 
sufficient, and to elect others to fill the vacancies caused by 
dismissal, or from any other cause. 

§ 3. This ordinance shall take effect from and after publi- 
cation. 

Approved September 16, 1895. 


PAUPERS. 
AN ORDINANCE concerning the disposition of sick paupers. - 
Be it ordained by the General Council of the city of Louisville: 


When any pauper or sick person in destitute circumstances 
shall be landed in. the city from any steamboat or other vessel, 


PATROL WAGONS——PEDDLERS. ant 


the master or person in charge thereof shall immediately cause 
such person to be conveyed to and placed in some suitable and 
comfortable house, and shall also report the name and descrip- 
tion of such person to the Mayor, and to pay to the Treasurer 
to the eredit of the fund for the support of the poor at least 
ten dollars for each such person so landed. If these things be 
not done at the landing of such person, the master and owners 
of such steamboat or other vessel shall be fined not less than 
twenty dollars nor more than one hundred dollars for each 
person so landed. The same penalties apply to all persons who 
may in any mode bring into the city any such pauper or sick 
person in destitute circumstances, and fail to report and pro- 
vide for him as above required. 

Approved November 14, 1853. 


ee 


PATROL WAGONS. 
Be it ordained by the General Cowncil of the city of Louisville: 


§ 1. That hereafter all patrol wagons in the service of the 
Police Department of the city of Louisville be inclosed in such 
a way that prisoners will not be subjected to the public gaze 
while being conveyed through the streets of the city. 

§ 2. That this ordinance shall take effect from and after 
its publication. 

Approved March 1, 1897. 


PEDDLERS. 


AN ORDINANCE requiring each peddler in the city of Louis- 
ville to wear a badge furnished by the Commissioners of 
the Sinking Fund. 


Be it ordained by the General Council of the city of Lowsville: 


Sl. That each and every peddler in the city of Louisville 
shall wear a badge upon his person, in a conspicuous place, in 
such a manner that it may always be seen. Said badge shall 
be of metal, and shall be furnished by the Commissioners of 
the Sinking Fund, free of charge. Said badge shall have the 
following words: ‘‘City of Louisville, Sinking Fund, Licensed 
ML US en RES DIresee ss ca! 


97) PETROLEUM. 








§ 2. Said badge shall be furnished each peddler when he 
procures his heense; but each peddler who now has a license 
shall call at the office of the Commissioners of the Sinking 
Fund and procure a badge within thirty (30) days from the 
Ce of this ordinance. 

3. No. person shall destroy, deface, or injure said badge 
in oe manner, nor change the number or date thereon, nor 
shall any person wear such badge unless he be the licensed 
peddler in whose name the license is issued. 

§ 4. Any person violating any of the provisions of this or- 
Aaa shall be fined not less than five dollars nor more than 
twenty dollars for each offense. 

\ 0. All ordinances or parts of ordinances in conflict here- 
with are hereby repealed. 

§ 6. This ordinance shall take effect from its publication. 

4 opted July 13, 1896. 


PETROLEUM AND ITS PRODUCTS. 


AN ORDINANCE regulating the storage of petroleum and 


its products. 
Be it ordained by the General Council of the city of Louisville: 


s 1. That it shall be unlawful for any person, firm, or 
corporation to store or keep for sale in any one place or build- 
ing, within the following boundary of the city of Louisville, re- 
fined petroleum or its products in lots exceeding twenty barrels 
or refined petroleum of approved State test, and in lots exceed- 
ing two barrels of naptha or gasoline, viz: 

Beginning at the pxint where Shelby street intersects the 
Ohio river; thence down the river to Twelfth, and then down 
center of High avenue to where Twenty-eighth street would 
intersect it; thence south along Twenty-eighth street to Mapie 
street ; thence east along the south line of Maple street to Four- 
teenth street, south along Fourteenth street t) Ormsby avenue, 
east along Ormsby avenue to a point where, if extended, it 
would strike Shelby street north along Shelbv street to the 
point of beginning: Provided. that lubricating oils and products 
used by manuhacticars shall not be construed as embraced 
within this ordinance. 

§ 2. The prohibitions of this ordinance shall only extend 
for ihe time between 6 p. m. and 6 a. m. 

§ 3. For any violation of the provisions of this ordinance 
the offender shall be fined not less than twenty dollars nor 


PHYSICIANS. ae tae 








more than one hundred dollars for each and every violation; 
each day such violation shall continue shall be considered a 
separate offense. ‘This ordinance is not to be construed to re- 
peal any rights given by this Council under ordinance of May 
6, 1893, referred to. 

S$ 4. The ordinance approved May 6, 1893, entitled ‘‘An 
ordinance to regulate the storage of camphene, petroleum, rock 
and earth oils, benzine, zenzole, naptha, wuinspected oils in 
the city of Louisville,’’ is hereby repealed. 

. This ordinance to take effect from and after its pas- 
sage. 

Approved April 25, 1894. 


PHYSICIANS—QUALIFICATION OF. 


AN ORDINANCE defining the qualifications of physicians, 


surgeons and dentists. 
Ce it ordained by the General Cowneil of the city of Louisville: 


\ 1. That no license shall be issued by the Sinking Fund 
of the eity of Louisville to any one claiming to be a physician 
or surgeon until he produces for ‘the inspection of the Secre- 
tary and Treasurer of the Commissioners of the Sinking Fund 
a certificate from the State Board of Health showing his legal 
right to practice his profession as required by Section 2613 of 
the Kentucky Statutes. 

s 2. That no leense shall be issued by the Sinking Fund 
of the city of Louisville to any one claiming to be a dentist 
until he produces to the Secretary and Treasurer of the Com- 
missioners of the Sinking Fund a diploma received by him 
from the faculty of a dental college, duly authorized by the 
jaws of this State, or some other of the United States, or for- 
eign country, and a certificate of qualification issued by the 
Kentucky State Board of Dental Examiners, as required by 
Section 2636 of the Kentucky Statutes, approved March 17, 
1904. 

§ 3. That all ordinances or parts of ordinances in conflict 
with this ordinance are hereby repealed. 

§ 4. That this ordinance shall take effect from its passage. 

Approved March 14, 1907. 


PLUMBING DEPARTMENT. 


158) 
=] 
pe 


PLUMBING DEPARTMENT. 


AN ORDINANCE approving a code of rules and regulations 
for the government of the Department of Plumbing and 


House Drainage in the city of Louisville. 
Be it ordained by the General Council of the City of Loursville: 


§ 1. That the following Code of Rules and Regulations 
for the government of the Department of Plumbing and 
House Drainage, under an ordinance entitled ‘‘An ordinance 
creating a department of plumbing in the city of Louisville,”’ 
approved May 27, 1902, which code has been submitted to the 
General Council for its approval by the Board of Public Safety, 
and the Examining Board of said department, be, and the same 
is hereby, approved and adopted as follows, to-wit: 


Code of Rules and Regulations for the government of the Department of 


Plumbing and House Drainage in the city of Louisville: 
ARTICLE IL. 


§ 1. The inspector shall inspect all work, for which a per- 
mit has been issued, and give a certificate for all work that has 
been constructed according to the provisions of these rules and 
regulations. 


§ 2. The inspector shall refuse to give a certificate for any 
work done contrary to any provision of these rules and regu- 
lations; and shall declare such work unsafe, and forbid the use 
of same until it has been properly corrected. 


§ 3. The Department of Plumbing shall keep a record of 
all permits issued, and shall submit a report at the end of each 
fiscal year of all business done during the year to the Board of 
Puble Safety. 


ARTICLE II. 


§ 1. No person other than a master or journeyman plum- 
ber, or experienced pipe layer in the employ of a master plum- 
ber, shall construct any sewer or drain that connects with a 
plumbing system or with the publie sewer, or repair same. 
This does not include any work done by the city under the 
supervision of the Board of Public Works. 


PLUMBING DEPARTMENT. 375 
OID 


ARTICLE III. 


§ 1. A plan or abstract of all plumbing shall be furnished. 
to the inspector and receive his approval before « permit is- 
issued for same. Said plan or abstract shall be kept on file in: 
the inspector’s office. 

§ 2. Any architect, builder, agent, plumber or journey- 
man, or any person having charge of a building in which there- 
will be any alterations in plumbing, sewers or drains, shall 
secure a permit for such work before beginning unless said 
work comes under the class recognized in these rules and: 
regulations as repairs, as follows: 

“Repairs—Consist of such work as repairing leaks, repair-- 
ing valves and cocks, cleaning out waste-pipes and sewers, and 
placing in new fixtures in place of old ones, where such fixtures. 
can be placed without altering plumbings. 


ARTICLE IV. 


§ 1. Notice for inspector must be delivered and filed at the- 
office of the inspector, upon blanks furnished by the depart-. 
ment for that purpose. 

§ 2. It shall be the duty of the constructing plumber to 
have his job ready for inspection at the time agreed upon be- 
tween him and the inspector. 

§ 3. All plumbing shall be tested with the water and smoke: 
test in the presence of the inspector. All pipes must remain. 
uncovered in every part until they have successfully passed the 
test. ‘The plumber must securely close all openings as directed 
by the inspectors. The use of wooden plugs for this purpose: 
is prohibited. 

The water test will be applied by the closing of the lower 
end of the main house drain and filling the pipes to the high- 
est opening above the roof with water. If the drain or any 
part of the system is to be tested separately, there must be a 
head of water at least six (6) feet above all parts of the work 
so tested. 

§ 4. After the completion of the work, when the water 
has been turned on and the traps filled, the plumber must 
make a smoke test in the presence of the inspector and as 
directed by him. 

§ 5. All underground work inside of a house must be in- 
spected before being covered. 


ARTICLE V. 


§ 1. All terra cotta sewer pipe used in connection with a 
plumbing system, or connected with a public sewer, shall be of 


STE PLUMBING DEPARTMENT. 





¥ 


a size approved by the inspector, but in no case shall a main 
sewer be less than six inches. 

§ 2. All sewer pipe must be of the best quality, vitrified 
terra cotta, and must be laid in as straight a line as possible, 
with a graded fall toward the sewer or pit where possible of 
not less than one-quarter (14) inch to the foot where practi- 
cable. All branches in the main line shall be “Y” fittings; 
all turns shall be made with 144 bends. 

§ 3. All joints of terra cotta pipe shall be made with first- 
‘class hydraulic cement, and care must be taken fhat no part 
of cement remains inside of any part of pipe or fittings. 


ARTICLE VI. 


S 1. All cast iron pipe used in connection with a plumb- 
ing or drain system, either as soil or waste pipe, shall be of 
the class known to the trade as extra heavy, whenever a build- 
‘ing is three stories high or higher; otherwise, the standard 
soil pipe may be used. When extra heavy pipe is used it shall 
‘be of the following weight: 

2-inch, 54 pounds per lineal foot. 
3-inch, 944 pounds per lineal foot. 
4-inch, 13 pounds per lineal foot. 
5-inch, 17 pounds per lineal foot. 
6-inch, 20 pounds per lineal foot. 
7-inch, 27 pounds per lineal foot. 
8-inch, 33144 pounds per lineal foot. 

10-inch, 45 pounds per lineal foot. 

12-inch, 54 pounds per lineal foot. 

All east iron fittings used in connection with the plumbing 
or drain system shall be of the same grades as above stated, 
and all turns must be made with extra long or one-eighth 
bends, and all connections shall be made with “YY” and one- 
eighth bends. 

§ 2. All cast iron shall be put together thus: First, pack 
joint with oakum, then follow with molten lead; this must be 
caulked by hand until tight. 

§ 3. All main drain pipes inside of buildings or under a 
building inside of its walls shall be of iron, of a grade re- 
quired by these rules and regulations, and main waste pipes 
shall extend at least two feet on the outside of the building 
before entering the underground sewer pipe. } 


ARTICLE VII. 


§ 1. When any lead branch waste shall be connected with 
any main waste or soil pipe or connected with any cast iron 


PLUMBING D®PARTMENT. 


G2 
a 
~ 





pipe, it shall be done with a brass nipple or combination fer- 
rule wiped on said lead waste and caulked into soil or cast iron 
pipe. 

§ 2. No black wrought iron pipe shall be used as soil, waste 
or "ee pipe, or as vent pipe in connection with any plumbing 
system. 


ARTICLE VIII. 


S 1. Every water closet, urinal, sink, basin, bath, and 
every set of wash trays, tubs, or set or tubs, must be effectively 
and separately trapped. When floor washes are connected it 
must be by a deep seal trap. Traps on bath tubs must be 
placed in such a manner that the cleanout will be in plain 
view and above the floor. 

§ 2. All traps and bends to closets and other fixtures must 
be revented or back aired (except as herein provided) ; yard 
closets and yard sinks will not require vent pipes, provided 
that they are not over seven feet off the main line, and, pro- 
vided, however, that the main line is extended to the roof of 
main ‘building: in all other cases yard closets and sinks must 
be vented, but two closets and two sinks may be placed on one 
four-inch sewer and vent, provided, however, that they are in 
the same yard of the same owner. The term yard closet and 
sink means a water closet and sink not attached to the house 
and that they will not be, nor can there be other fixtures 
added, and in the interior of a house a revent for back air pipe 
will not be required, provided, however, that the trap to fixture 
does not set more than 36 inches from center to center, off the 
vertical or horizontal line of drain, soil, or waste pipe, pro- 
vided that, said drain, soil, or waste pipe is continuous, of am- 
ple size to prevent one fixture from syphoning another, and of 
the same diameter from its base to the roof. 

§ 3. In no case shall a waste from any fixture be con- 
nected with any water closet, trap, or revent connection for 
same. 


§ 4. All ventilating pipes shall be the same size as the 
waste. In no ease shall the vent pipe run horizontally, but at 
an angle of forty-five degrees, or perpendicularly. Two or 
more vent pipes may be connected together before passing 
through the roof by increasing the main pipe in the proratio 
to the combined areas of the ventilating pipes added. In no 
case shall vent pipe be connected with another vent pipe less 
than three feet above the highest fixture. All vent pipes 
shall be increased one size before passing through the roof. 

§ 5. When a vent pipe, after passing through a roof, comes 
within fifteen feet of any door or window, said vent pipe must 


378 PLUMBING DEPARTMENT. 


be extended at least five feet above the top of such door or 
window. 

S 6. No lead pipe used for waste shall be less than one and 
one-half (144) inches. 

S 7. No brick, sheet metal, earthenware, or chimney flue 
shall be used for sewer ventilators or to ventilate any trap, soil, 
or waste pipe. 

§ 8. Vent pipes from water closet trap shall not in any 
case be less than two inches in diameter, and when more than 
one closet is vented through the same pipe, the size of such 
pipe shall be as follows: 


LWO'CLOBGUS Fane br eete a ope noteh citer rato © agen 21-inch pipes 
Over’ 2 “and: Up tov a eee ee ee ee es 3-inch pipes 
Over 4-and Up" tO vO tits ogee ne ete rete oe meee 4-inch pipes 


§ 9. No rain water conductor shall be used as soil, waste, 
or vent pipe, nor connected therewith, nor shall any soil, waste, 
or vent pipe be used as a rain water conductor. 


ARTICLE Ix. 


§ 1. The plumbing of every building shall be separately 
and independently connected with the public sewer when such 
sewer is provided, or with proper cess-pool when sewer is not 
accessible. 

§ 2. It is positively forbidden to connect the drain of any 
plumbing fixture to any street or alley when a sewer is accessi- 
ble. 

§ 3. In no instance shall any waste from any plumbing 
fixture be less than one and one-half inches. 

Waste to plumbing fixtures shall be thus: Washstands, 
144; bath and foot tubs, 142; sink, 2; slop hopper, 3; wash 
trays, 2; water closets, 4; urinals, 2 inches in all cases, unless 
otherwise permitted by the inspector. 

Special fixtures shall be connected according to the instruc- 
tions of the inspector. 

§ 4. All waste pipes must be put in with the proper fall, 
1% to \% inch to the foot, securely fastened in a proper manner 
and to the satisfaction of the inspector. 

§ 5. All waste to overflow pipes from safes under water 
closets, and from other fixtures, or from tank, shall run sepa- 
rately to the basement, cellar, or to an open receptacle, and in 
no case shall they be connected with the soil or waste pipe. 

§ 6. No waste pipe from a refrigerator or other recepta- 
cle in which food or provisions are stored, shall be connected 
with a drain, soil, or waste pipe, but shall be separated there- 
from by an open-air or water-supplied sink or tray fitted with 
a trap. | 


PLUMBING, DEPARTMENT. 379 








§ 7. No Steam exhaust, blow-off, or drip shall be directly 
connected with any soil, waste, or sewer pipe or any part of the 
plumbing system, but must. first be received in an open-air re- 
ceptacle from which a suitable waste, properly trapped, must 
connect with the soil, waste, or sewer pipe. 

§ 8. In no case shall a vent pipe or back-air pipe be con- 
nected with any chimney brick flue. 

§ 9. Local vents may be connected to hot-air stacks in 
which there is continual circulation, when such hot-air stacks 
are accessible. This does not apply to smokestacks. 


ARTICLE X. 


§ 1. All joints on lead waste or ventilating pipes must 
be wiped; no cup or blow joints will be allowed. Saddle joints 
on any soil, waste, or ventilating pipes are positively forbid- 
den. 

§ 2. The overflow of a fixture must connect to the waste 
on inlet side of the trap of that fixture. 


ARTICLE XI. 


§ 1. Water closets must never be placed in an unventi- 
lated room or compartment. In every case the room or com- 
partment must be open to the outer air or be ventilated by 
means of an air duct or shaft. 

§ 2. When water closets are placed in outhouses the traps 
must be properly protected from freezing. Closets placed in 
outhouses must be of a class acceptable to the inspector, not 
prohibited by these rules and regulations. 
~ § 3. Pan closets or hopper closets, where traps are under 
the Abar are positively forbidden, and all other closets in 
which the soil comes in contact with any part of the metallic 
parts of a closet, are strictly forbidden inside of any building, 
and all such closets in use at the present time are hereby con- 
demned, and no plumber shall repair any such closets, but 
shall report such closets when out of order to the inspector. 


ARTICLE XII. 


The term “soil pipe” is applied to any verticle line of pipe 
extending through the roof, receiving the discharge of one or 
more water closets, with or without other fixtures. 

The term “waste pipe” is applied to any pipe extending 
through a roof, receiving the discharge from any fixtures eX- 
cept water closets. The term “vent or revent pipe’ is applied 


220 POLICE. 


to any special pipe provided to ventilate the system of piping 
and to prevent trap syphonage or back pressure. 

Approved by the Board of Examiners of the Department 
of Plumbing and House Drainage this July 18, 1902. 

FrRanK Noutan, Chairman Exam. Board; 
P. T. Cantti, Member Exam. Board; 
Tom JoHnson, Member Exam. Board; 
Epw. Tomprert, Member Exam. Board; 
Jacon Isaacs, Member and Sec. Exam. Board. 
Approved by the Board of Public Safety. 
Harry M. Brennan, Chairman, 

§ 2. That any firm, person, or corporation that is now en- 
gaged or shall hereafter be engaged in the plumbing business 
and shall violate any provision contained in said Code of Rules 
and Regulations, shall be guilty of a misdemeanor and shall 
be subject to a fine of not less than five ($5) dollars nor more 
than fifty ($50) dollars for each offense, and each day’s con- 
tinuance of such violation shall constitute a separate offense. 

S 3. That this ordinance shall take effect from its passage. 

Approved December 15, 1902. 


POLICE. 


AN ORDINANCE prohibiting any member of the police force 
of the city of Louisville from being employed or detailed 
or doing any private watching for any person or purpose 
whatever. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. No member of the police force of the city of Louts- 
ville shall be employed or detailed to do any private watching 
for any person or purpose whatever; nor shall any member of 
the police force do any private watching for any person or pur- 
pose whatever. 

§ 2. Any person violating any provision of this ordinance 
shall be fined not less than five dollars nor more than twenty 
dollars for each offense. 

§ 3. All ordinances and parts of ordinances in conflict 
herewith are hereby repealed. é 

§ 4..This ordinance shall take effect from and after its 
publication. 

Approved June 19, 1896. 


POLICE COURT. B81 





POLICE COURT. 


AN ORDINANCE to regulate the issue, service and return of 
original, mesne, and final processes in and from the Police 
Court of the city of Louisville, and prescribe the duties of 
the various officers in relation thereto, and in regard to 
the financial operations of said court. 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. That, in the administration of the offices of clerk and 
bailiff of the Police Court, and the financial operations of said 
court, that the following system shall prevail: 

All warrants for issue by the Police Court shall be printed, 
with a stub, and bound (in the same manner as the city tax 
bills), stub and warrant to be machine numbered, stub and 
warrant alike, to continue numerically indefinitely, so that no 
two warrants may be of the same number. The stub shall be 
prepared to show the name of the person against whom the 
warrant issued, the residence or place of business of such person, 
the name of the person at whose instance issued, and the resi- 
dence or place of business of such person, and the offense 
charged, and receipt for the bailiff, his deputy, or assistant to 
sign when delivered for service, and the date the warrant is 
returnable. Said stubs shall be carefully filed and preserved in 
such manner as to afford easy reference thereto. 

§ 2. The officer, upon receiving a warrant, shall receipt to 
the clerk of the Police Court therefor upon the stub of the 
warrant so delivered to him, giving the date of such receipt. 

§ 3. The number of the warrant shall be the number of 
the case, and shall also be the number of any capias, execution, 
fieri facias, bond, or order made or issued in the case, and said 
number shall be referred to, as well as the page of the docket 
or minute-book in the indices theerof, and shall not be changed 
in the progress of the case. 

§ 4. The execution docket to be kept by the clerk of the 
Police Court shall in all cases show the name of the person 
against whom a warrant has been issued, number of warrant, 
the offense, the judgment of the court, and the various steps in 
the case to final disposition. Said docket shall be arranged in 
columns for dollars and cents, to-wit: A column for the original 
fine assessed; a column for the amount of fine for which a per- 
son committed is committed to the work-house; a column for 
the amount of fine for which .a_ person committed 
to jail is ordered; a column for the amount of any 


229 POLICE COURT. 
VCa 


modification or reduction; a column for the amount re- 
plevied; a column for amount suspended; a column for amount 
set aside, and a column for the amount returned by the bailiff 
as satisfied or paid in cash, and a column for the amount cred- 
ited for labor at the workhouse, and with sufficient space for 
memoranda, in which must be entered the date of such modi- 
fication, reduction, suspension, replevin, or setting aside. Said 
docket shall at all times be kept written up to date and properly 
indexed. 

S 5. There shall be kept by the clerk of the Police Court 
a bond docket, in which shall be entered by date of maturity 
all replevin, appearance, and other bonds, the amount of which 
accrues to the city by the failure of the principal and sureties 
to comply with the conditions of said bonds, and said docket 
shall show when said bonds are canceled, collected, or forfeited, 
the date thereof, and the step taken to recover the same. 

§ 6. It shall be the duty of the jailer of Jefferson county 
in rendering bills against the city for subsistence, maintenance, 
and punishment of prisoners committed to the Jefferson county 
jail by the police, or Police Court of Louisville, to have the 
correctness of said bills certified to thereon by the clerk of the 
Police Court before filing said bills with the Comptroller for 
registration and allowance by the General Council, and no bills 
shall be registered by the Comptroller unless certified by said 
clerk. | 

§ 7. It shall be the duty of the clerk of the Police Court to 
make a report at the end of each month to the Comptroller, in 
such form as may be prescribed by said Comptroller, showing 
in detail the amounts chargeable to the bailiff for collection by 
caplas, execution, fieri facias, bond, or otherwise. 


S 8. It shall be the duty of said clerk of the Police Court 
to issue all writs of capias profine, or fieri facias, as provided in 
Section 151 of an act for the government of cities of the first 
class, approved Julv 1, 1893, which shall be delivered to the 
bailiff or his deputy or assistant, unless in cases against him or 
either of them, in which case they shall be delivered to the 
other officers named in Section 151 aforesaid. In both forms 
of execution a day shall be named within which it must be re- 
turned, not beyond thirty (30) days from the date of its issue, 
and if such execution be not returned for ten (10) days after 
the return day thereof, then such officer receiving the same 
shall be liable for the full amount thereof, which may be re- 
covered in said court on rule for contempt of court in failing 
to return said writ issued by said Police Court, or by civil action 
against the officer on his official bond before any civil court in 
said city having jurisdiction of the amount thereof, and the 
prosecuting attorney of the City Court shall institute and 


POLICE COURT. 


SS) 
OD 
Oy 





prosecute all such rules, and the City Attorney shall prosecute 
all such actions when requested so to do by the Comp- 
troller, and said Comptroller shall make such _ request 
whenever the report to be made by the clerk of said Police 
Court, as required by the seventh section of this ordinance, 
shows such bailiff or other officer to be in default with respect 
to any such execution. 

§ 9. In order to carry out the provisions of Section 158 of 
an act of the General Assembly entitled “An act for the gov- 
ernment of cities of the first class,” approved July 1, 1893, it 
is ordained that the clerk of said court shall not suffer or permit 
any entry to be made on any record book of his office con- 
taining the judgments, orders, or proceedings of said court in 
his oftice, or during the recess or adjournment of said court; 
and if such entry be made over his protest, he shall not regard 
the same valid for any purpose, nor shall he regard any order 
of court setting aside, suspending, or modifying any judgment 
or order made not in open court, unless such or all suspending, 
setting aside, or modifving be made and entered in open court, 
and on motion and grounds in writing filed, within three days 
after the entry of the original order or judgment. 

§ 10. That the expense of the Police Court may be readily 
ascertained, it shall be the duty of the clerk of the Police Court, 
at the end of each month, to make out a pay-roll (in the 
form now in use for city officers) for all officers of the Police 
Court, entering their names and titles in the following order, 
viz: The judge, any substitute he may have had during the 
month; the prosecuting attorney, clerk, and deputies; the 
bailiff and deputies; interpreter and stenographer, and shall 
certify the same to the Comptroller for registration and allow- 
ance by the General Council. 

§ 11. For the purpose of increasing the efficiency of the office 
of the clerk of the Police Court, and the better preservation 
of the records of said court, the room now occupied by the bond 
recorder, and the room now occupied by said clerk of the Police 
Court, and being rooms 13 and 14 in the City Hall, are hereby 
set apart for the exclusive use of said clerk of the Police Court, 
and it shall be unlawful for any other office, officer, or person 
to occupy said rooms jointly with him, or to remain therein, 
except on business; and it shall be the duty of said clerk to 
enforce this ordinance, excluding such person from his office; 
and he is hereby authorized to call upon any policeman to 
eject them, and, if necessary, to arrest and present them to the 
Police Court. 

§ 12. It shall be the duty of the bailiff, or his deputies and 
assistants, to receipt to the clerk of the Police Court, in such 
form as may be prescribed by this ordinance, as the clerk of 


384 POLICE COURT. 





said court may require, for all warrants, capiases, executions, 
fierl facias, or other writs, or processes which may be delivered 
to him or them. 

§ 15. The clerk of the Police Court of Louisville is hereby 
authorized ta issue alias executions in all cases that have been 
returned no property found, and to place said executions in the 
hands of the bailiff, taking his receipt for same. 

§ 14. The bailiff shall keep a “cash book,” in which he 
shall enter daily all fines and forfeitures collected by him. Said 
entries shall be in detail by number of execution, capias, fieri 
facias, or other process or bond (which number shall in all 
cases be the number of the warrant first issued in the case), 
with the name of the defendant in full, as near as may be, and 
the amount of fine originally assessed, and the amount actually 
collected. 

§ 15. The bailiff shall pay over to the City Treasurer each 
day, as provided by Section 117 of an act for the government 
of cities of the first class, approved July 1, 1898, all fines and 
forfeitures collected by him during the previous day, charging 
the treasurer therewith upon his ‘cash book,” in the detail of 
said charge setting out the number of the case, and the name 
of the defendant or other person paying said fine or forfeiture. 

§ 16. The bailiff shall, at the end of the month, report to 
the Comptroller, in such form as may be prescribed by said 
Comptroller, all executions, capias, fier1 facias, or bonds upon 
which money due to the city of Louisville, collectable by the 
bailiff during the month which may not have been paid, and 
the reason therefor, and his disposition of the papers; said re- 
port to be subscribed and sworn to. 

§ 17. All books, records, reports, and forms herein pro- 
vided for shall be the property of the city, and shall be sup- 
plied by the City Buyer upon requisition, approved by the 
Comptroller and Mayor; said books, records, and reports are 
hereby declared permanent records, and shall be turned over by 
any retiring officer to his successor. 

§ 18. All original, mesne, and final process issued by the 
clerk of said court shall run in the name of the Common- 
wealth of Kentucky, and be addressed to the bailiff of said 
court, or any sheriff, constable, or policeman; shall be signed 
and dated by the clerk of said court, and, as near as may be, 
of the form in use in the Circuit Court of this State. But no 
interest, or cost shall be included in any writ for the collection 
of money, by imprisonment or otherwise, and it shall be the 
duty of the prosecuting attorney of said Police Court to en- 
force the proper issual, execution, and return of all said writs 
by rule and attachment from said court, as if for contempt of 


POLICE COURT. S85 


court, and said court is hereby authorized to punish for such 
contempt as provided by law. 

§ 1y. It shall be the duty of the prosecuting attorney of 
said court, within the first five days of each month, to thor- 
oughly inspect the records of the clerk and bailiff of said court,. 
to see whether they have comphed with the law regulating their 
respective duties. including this ordinance, and to report to the: 
Mavor of said ciy, in writing, whether they and each of them 
have failed to perform or disregard their duty in any respect; 
and, if so, in what respect, stating fully and in detail the dere- 
lictions of duty; said reports to be filed by said Mayor, and. 
preserved as part of the records of his office. 

§ 20. If any officer, upon whom any duty is enjoined by 
this ordinance, violate any provision of this ordinance, or shall 
willfully neglect to perform his duties under the same, he shall 
forfeit the sum of fifty dollars for each offense, which may be- 
recovered in said court upon ordinance warrant, or the same 
may be recovered at the suit of any taxpayer of the city as 
relator to the city of Louisville as plaintiff, one-half the sum 
so sued for to go to such relator and the other half to be paid. 
to the city treasury; and for the third offense such officer shall. 
be removed from office, as provided in Section 19 of the act for 
the government of cities of the first class, approved July 1.,. 
1893, and, pending such proceedings, all claim for salary shall 
be suspended; and, if expelled from office, no salary shall be 
allowed after the date of the beginning of such proceedings. 

§ 21. [If more than one writ shall issue in the same case, alk 
subsequent writs shall bear the original number, with the fig- 
ures 2d, 3d, or 4th added immediately after the original numi- 
ber. ‘The prosecuting attorney for said court shall order the: 
clerk of said court to issue the new writs whenever he deems: 
it proper to do so, and the officer who had the first writ for’ 
execution may, after its return day, return thereon the reason 
for its non-execution, and sue out another. If any judgment. 
is replevied in the clerk’s office before execution issues, the clerk 
shall take such bond and be responsible for the solvency of the 
surety thereon, as of that time; and if the said debt is replevined 
while process for its collection is in the hands of the bailiff or 
his assistants or deputies, such officer shall, in like manner, be 
responsible for the solvency of the surety in replevin bonds. 
taken by him; but either officer may protect himself against. 
such responsibility by requiring proper affidavit of the surety. 
showing what property he has subject to execution. 

§ 22. This ordinance shall take effect from and after its 
passage and publication. 

Approved March 2, 1897. 


“2388 POLICE DEPARTMENT. 


POLICE DEPARTMENT. 


Maintenance, Organization and Government of. 


AN ORDINANCE providing for the maintenance, organiza- 
tion, and government of the Police Department of the city 
of Louisville, including private policemen. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That in accordance with the provisions of the charter 
-of said city, a police force shall be elected and organized by the 
Board of Public Safety, to consist of one chief, with the rank 
of colonel; one assistant chief, with the rank of major; also 
captains, lieutenants, and sergeants necessary to manage the 
Police Department, not exceeding the number of each as pro- 
vided by law, and not exceeding three hundred patrolmen, of 
‘whom ten shall be supernumerary policemen. Supernumerary 
policemen shall be placed on duty only during the absence or 
sickness of any of the regular policemen, and shall receive 
“pay only for the time in which actual service is rendered. 

In addition to this force the Board of Public Safety shall, 
from time to time, elect such private policemen as may be 
‘found necessary, in accordance with Section 109 of ‘“‘An act 
for the government of cities of the first class.” 

When elections are held at which officers and members of 
‘the police force have the lawful right to vote, the command- 
ing officer, or chief, shall arrange so that all such men, officers, 
and policemen shall have a reasonable time to go their re- 
spective precincts, or place of voting, and cast their votes ac- 
cording to their own wishes and judgment, without intimida- 
tion or interference of any kind. 

The Board of Public Safety shall make all necessary rules 
and regulations not in conflict with this ordinance, or “Act for 
‘the government of cities of the first class,” for the good gov- 
ernment and discipline of the regular and private police force, 
and all private police elected by the Board of Public Safety 
of the city of Louisville shall be governed by this ordinance and 
‘the rules prescribed by the said Board of Public Safety. 

§ 2. When any rule or order of the Board of Public 
Safety 1s violated, for which the punishment is less than dis- 
missal, the person guilty of a violation of such rule or order 
shall not be suspended from duty, but in leu thereof shall be 

“suspended from pay,” for such time, not exceeding thirty 
days, as the Board of Public Safety may deem just and equita- 
ble, and the secretary of the Bureau of Police shall keep a 


POLICE DEPARTMENT. Bite g 





record of the time such person may be “‘suspended from pay,” 
and instead of paying or allowing to such person the time or 
money earned during such suspension, the same shall be de- 
ducted from the monthly pay of such person so suspended and 
placed to the credit of the “Police Relief Fund,” and used and 
expended in giving relief to such members of the regular police: 
force who may become sick, inpured, or disabled w vhile in the 
discharge of their regular duties as police officers. 

The secretary of ‘the Bureau of Police shall be secretary of 
the “Police Relief Fund,” and the officers and members of the: 
police force shall annually elect from among their number a 
treasurer of said “Police Relief Fund,” and such other officers 
as may be found necessary to properly conduct the affairs of 
said ‘Police Relief Fund,” and all officers thereof shall serve: 
without compensation from the city. The treasurer shall be re- 
quired by rule to execute such bond for faithful discharge of 
his duty, with approved surety, as may from time to time be 
found necessary. No person but members of the police force 
of the city of Louisville shall be members of the “Police Re-- 
lief Fund,” and should any member of the police force fail 
to be re-elected as such member of the police force, or dismissed. 
from said force, he shall lose all rights to or interest in any 
part of the “Police Rehef Fund.’ 

The officers and members of the police force of the city of 
Louisville. shall adopt such rules and regulations as found neces- 
sary for the proper government of the ‘Police Relief Fund,” and 
distributing the funds thereof among those entitled thereto; 
and any member thereof found guilty of making false or 
fraudulent claims against the “Police Relhef Fund,” or failing 
to account properly for any property or money belonging there- 
to, shall, in addition to the penalties now prescribed by law, 
be dismissed from the police force. All money or other prop- 
erty belonging to the “Police Relief Fund” shall be held and 
deposited and invested in the name of the “Police Relief Fund” 
of Louisville. 


§ 3. The Board of Public Safety shall have the power to 
detail from the police force not exceeding ten (10) persons to 
act as detectives, one of whom, in the discretion of the Board of 
Public Safety, may be detailed to act as chief of detectives, and 
these officers shall not be required to wear any uniforms; ‘such 
detectives shall at any time, when, in the opinion of the Board’ 
of Public Safety, it becomes necessary, be required to do regu- 
lar police duty. The chief of detectives shall at all times see- 
that a correct journal and account of the acts and doings of 
this department is properly kept in books to be kept for that. 
purpose, which shall be furnished by the city of Louisville and 
remain the property of the city of Louisville, and at all times: 


3888 POLICE DEPARTMENT. 


open to inspection of the Mayor, Board of Public Safety, or 
«lef of police. 

§ 4. The police force, while on duty, shall be uniformed 
as follows: 

The chief of police shall wear a uniform like that of a 
colonel in the regular army of the United States, a metal shield 
of gold or gilt, with the words “Chief of Police, Louisville,” 
engraved thereon, which he shall wear on the left lapel of his 
coat, 

The assistant to the chief, whose title shall be major, shall 
wear the same uniform as the chief of police, with the excep- 
‘tion of shoulder straps, which shall be those prescribed in the 
regulations of the United States army for major; on the left 
lapel of the coat he shall wear a gold or gild shield, with the 
words “Major of Police, Louisville,’ engraved thereon. 

The captains shall wear the same uniform as the chief and 
‘major, with shoulder straps same as those prescribed for captains 
in the United States army, with gold or gilt shield, with the 
words “Captain of Police, Louisville,” engraved thereon, to be 
worn on the left lapel of coat. 

Lieutenants shall wear the same uniforms as the chief, 
‘major, and captains, with shoulder straps same as those pre- 
-seribed for first lieutenants in the United States army, to be 
worn on the left lapel of their coat, with the words “Lieutenant 
-of Police, Louisville,” engraved thereon. 

Sergeants shall wear the same uniforms as a lieutenant, 
with the exception that he will wear chevrons prescribed by 
the United States army regulations; he shall wear a silver or gilt 
shield on the left lapel of his coat, with the words “Sergeant of 
Police, Louisville,’ engraved thereon. 

Corporals shall wear the same uniforms as policemen, with 
‘the exception that he shall wear chevrons prescribed by the 
‘United States army regulations; he shall wear a silver or gilt 
‘shield on the left lapel of his coat, with the words “Corporal of 
Police, Louisville,” engraved thereon. 

Policemen shall wear the same uniforms as corporals, with 
the exception of chevrons; he shall wear a silver or gilt shield 
on the left lapel of his coat, with the words “Louisville Police” 
-and number engraved thereon. 

Officers and policemen shall wear from about the first day 
of June until the first day of October in each year, the precise 
‘time to be fixed by the chief of police, the following dress, to-wit: 

A blue flannel yacht cloth sack coat, and vest of the same 
material; the coat of the patrolman to be single-breasted sack, 
with short turn-over collar, to button close up to the chin, with 
five buttons on the front, no pockets to show on the outside, vest 
-single-breasted, with six buttons at equal distance, and the pan- 


POLICE DEPARTMENT. 389 


daloons to be made as winter pantaloons, and hat or cap to be 
selected by the Board of Public Safety, and upon which shall 
be worn a metal wreath, encircling rank or number assigned 
to the officer or policeman by the chief, and shall wear a white 
standing collar and black neck-tie. 

And from about the first day of October in each year, the 
exact time to be fixed by the chief of police, they shall wear a 
navy blue frock coat, single-breasted, nine buttons on the front, 
two buttons on the hip, two buttons on the bottom of each 
pocket, and three small buttons on the under seam of the cuff; 
pantaloons to be made of the same material as the coat; white 
standing collar and black neck-tie. 

They shall also wear a uniform overcoat of dark blue cloth, 
when required: the button on coat and overcoat shall be the 
police (P) button. 

The private police shall wear a gray regulation cap, with 
the words ‘“‘Private Police” printed, stamped, or worked thereon, 
together with the number of said private policeman. Each 
private policeman shall also wear a metal badge on the left 
breast, exposed to view, with the words ‘‘Private Police,” to- 
gether with the number of said officer engraved thereon. The 
pattern of said cap and shield shall be selected by the Board of 
Public Safety, and each private policeman shall procure the 
same through the chief of police before entering upon his duty. 
A failure to wear said cap or badge by any private police officer, 
or any private police agency, or to comply with the rules pre- 
scribed by the Board of Public Safety, shall be cause for dis- 
missal and arrest, or either, or both, and be fined not less than 
five ($5) nor more than twenty ($20) dollars for each offense. 


The chief of police shall, before entering upon the discharge 
of his duty, enter bond, with good security, to be approved by 
the Board of Public Safety, conditioned for the faithful dis- 
charge of the duties imposed upon him by law. 


When any reduction shall be made from the pay of an officer 
or member of the police force, because of such officer or member 
having been suspended from pay, such reduction shall be 
charged to the officer or member of said police force who may 
have been suspended from pay, and the amount so deducted 
shall be credited to the “Police Relief Fund,’ upon the regular 
monthly pay-roll, and the Auditor shall, when approved in the 
manner required by law, draw his warrant on the Treasurer for 
said amount in favor of the ‘‘Police Relief Fund,” in the same 
manner as he would to an individual, and a receipt for said 
warrant, or an indorsement signed by the secretary and presi- 
dent of the “Police Relief Fund,” shall be sufficient to attest 
to and protect the Auditor in issuing said warrant, and the 
‘Treasurer in paying same, and the proceeds of such warrant 


89() POLICE DEPARTMENT. 





shall be at once paid into the “Police Relief Fund,” there to be 
held and distributed as herein directed. 

In case any member of the police force should be wounded 
in the actual discharge of his duty as a policeman, his salary, 
not exceeding thirteen weeks, shall be continued for a period of 
such disability, if satisfactory proof of such wounding shall be 
furnished the Board of Public Safety. Such person so wounded 
shall, at all times, when required, subject himself to examina- 
tion by the Health Officer of the city of Louisville. 

§ 5. No policeman shall be placed on duty until he shall 
have entered bond with the city of Louisville, to be approved 
by the Board of Public Safety, for the faithful performance of 
his duty. 

§ 6. The chief of police and commanding officers shall wear 
the shoulder straps designating their rank on summer uniform 
same as winter uniform. 

The uniform here prescribed shall be paid for and furnished, 
excluding the shield, belt, and baton, by the officers and police- 
men themselves. 

Each officer shall procure and furnish himself with the pre- 
scribed uniform within twenty days of the time of his election. 

§ 7. It is hereby made unlawful for any person, other than 
a member of the regular police force of said city, bailiff of 
Police Court and his deputies, at any time to wear a shield, 
badge, or any imitation thereof, as prescribed by this ordinance. 

Any person violating this section shall be deemed guilty of 
a Bana oe and shall be fined ten ($10.00) dollars for each 
offense 

§ §. All ordinances in conflict with this ordinance are here- 
by repealed. 

S 9. This ordinance shall take effect from and after its pas- 
sage and publication. 

Approved April 19, 1898. 


POLICE DEPARTMENT. 
Leaves of Absence. 


AN ORDINANCE regulating the granting of leaves of absence 
to the officers and members in the Police Department of 
the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 
S$ 1. That all officers and members of the Police Depart- 


POOL ROOMS. 291 


ment of the city of Louisville, regularly on the pay-roll of said 
department, shall be granted a leave of absence of ten days, with 
full pay, in each year, commencing with September 1, 1902. 

§ 2. That the Board of Public Safety shall allot to each 
member of the Police Department the date of such ten-days’ 
leave of absence, beginning with the oldest member in point of 
Services in said department, at such time and in such manner 
as said board may deem proper, but at no time shall there be 
more than ten members of said department absent in the en- 
joyment of such leave of absence during the same period. 

§ 3. That each member of said department shall have the 
privilege of exchanging the date of his said ten-days’ leave of ab- 
sence with another member of the same rank by notifying the 
chief of police, and obtaining the approval of said board. 

§ 4. That all of the officers and members of said depart- 
ment shall be further granted a leave of absence for three days 
of twenty-four hours each, without loss of pay or salary, in the 
event of the death of a parent, child, wife, sister, or brother of 
any such officer or policeman, the said days to be com- 
puted from the time of the death of such relative. This leave 
of absence shall not be granted in the event such relative die 
and be interred away from the city of Louisville, unless such 
officer or policeman actually attends the funeral of such de- 
ceased relative. 

§ 5. That all ordinances, or parts of ordinances, in conflict 
with this ordinance be, and the same are hereby, repealed. 

§ 6. That this ordinance shall take effect from its passage. 

Approved August 23, 1902. 


POOLROOMS. 


AN ORDINANCE to prevent the operation of pool-rooms in 
the city of Louisville. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That it shall be unlawful for any person, firm, or cor- 
poration to establish, set up, maintain, keep, operate, or con- 
duct in the city of Louisville a pool-room, or what is commonly 
ealled a “pool-room,” wherein or whereat any money or other 
thing of value shall be or can be bet, won or lost on the result 
. of any horse race or races, ran or to be run in or out of the city 
of Louisville, or wherein or whereat any money or other thing 
of value shall be received or paid for any ticket, lot, pool, or 


299 POOL ROOMS. 


=< ¢ 





chance on the result of any such horse race or races ran or to 
be run in or out of the city of Louisville; and any person, firm, 
or corporation that shall violate any provision of this section 
shall, on conviction, be fined one hundred dollars for each of- 
fense; and each day such pool-room is thus maintained, kept, 
operated or conducted shall constitute a separate offense. 

§ 2. That it shall be unlawful for any person to aid, abet, or 
assist any other person, or corporation, or to act, as the agent, or 
employe of any other person, or corporation, in establishing, 
setting up, maintaining, keeping, operating, or conducting 
any such pool-room as is defined in Section 1 of this ordinance; 
and any person who shall violate any provision of this section 
shall, on conviction, be fined in any sum not less than twenty- 
five nor more than one hundred dollars for each offense; and 
each day any person shall thus aid, abet, or assist In maintain- 
ing, keeping, operating, or conducting such a pool-room, or 
shall act as agent or employe of any person or corporation im 
maintaining, keeping, operating, or conducting such a pool- 
room, shall constitute a separate offense. 

§S 3. That it shall be unlawful for any person, firm, or cor- 
poration, either as owner or agent, to let, lease, or rent to any 
other person, firm, or corporation any room, house, or build- 
ing, to be used or occupied as a pool-room, or for any of the 
purposes defined in Section 1 of this ordinance; or as owner, or 
agent, to permit any room, house, or building to be so used or 
occupied after receiving notice thereof; and any person, firm, or 
corporation that shall violate any provision of this section shall, 
on conviction, be fined in any sum not less than fifty dollars 
nor more than one hundred dollars for each offense, and each 
day such room, house, or building shall be so used, or occupied 
shall constitute a separate offense. 


§ 4. That it shall be unlawful for any telegraph, telephone, 
or messenger company, or any officer, agent, messenger, or em- 
plove thereof, to furnish, deliver, or communicate to any 
owner, proprietor, agent, or employe of any pool-room main- 
tained, kept, operated, or conducted in the city of Louisville 
for any of the purposes defined in Section 1 of this ordinance, 
any message, communication, or information to be used at such 
a pool-room as is defined in Section 1 of this ordinance con- 
cerning any horse race or races in or out of the city of Louis- 
ville; and any company, person, firm, or corporation that shalb 
violate any provision of this section shall, on conviction, be fined 
in any sum not less than twenty-five dollars nor more than one 
hundred dollars for each offense, and each message or com- 
munication so furnished, or delivered, or communicated shall 
constitute a separate offense. 


POOL ROOMS. 393 


=" 








§S 5. That it shall be unlawful for any person to buy or to 
have in his possession any ticket, lot, pool or chance in or of 
any such pool-room as is defined in Section 1 of this ordinance, 
on any horse race or races ran or to be run in or out of the city 
of Louisville, and any person who shall violate any provision of 
this section shall, on conviction, be fined in any sum not less 
than five dollars nor more than fifty dollars for each offense. 

§ 6. That it shall be the duty of the Board of Public Safety, 
and each member of said board, to suppress all such pool-rooms 
as are defined in Section 1 of this ordinance, and by and through 
the police force to faithfully execute all the provisions of this 
ordinance; and it shall be the duty of the chief of police and 
each member of the police force of the city of Louisville to 
detect and arrest all violators of any provisions of this ordinance, 
and any willful failure or refusal to do so by any officer, pa- 
trolman, or detective on the police force shall subject him to a 
fine of not less than fifty dollars nor more than one hundred 
dollars for each offense, and on conviction for such offense in the 
Police Court of the city of Louisville it shall be the duty of said 
board, after notice to and trial of such convicted member of 
the Police’ Department, to dismiss him from further service 
therein, and to not thereafter appoint him to any position in 
said department, or place him on the pay-rolls thereof. 

§ 7. That any member of the Board of Public Safety who 
shall willfully fail or refuse to execute any provision of this or- 
dinance, or to join with any other member of said board in exe- 
cuting the same, or who shall willfully fail or refuse to dismiss 
or to join with any other member of said board in dismissing 
from further service in the Police Department any member 
thereof who shall have been convicted in the Police Court of the 
city of Louisville of violating any provision of this ordinance, 
or any member of said board who shall appoint or join any 
other member of said board in appointing any such convicted 
member of the Police Department to any position therein, or 
who shall place, or Join any other member of said board in 
placing, any such convicted member of the Police Department 
on the pay-rolls thereof, shall, on conviction, be fined one hun- 
dred dollars for each offense. 

S 8. That all other ordinances or parts of ordinances in con- 
flict or inconsistent with this ordinance are hereby repealed. 

§ 9. That this ordinance shall take effect and be in force 
from and after its passage. 

Approved Febraury 14, 1901. 


PUBLIC MORALS.—A City Ordinance forbidding the transmis- 
sion to a pool-room operator of messages intended to be used in the 
business of pool selling in the city is a valid exercise of the police 
power of the State. 


394 POSTING BILLS. 


Conceding that an ordinance prohibiting and punishing the oper- 
ation of pool-rooms was broad enough to include French pools, which 
has been construed as a contrivance used in betting, within Ky. St. 
1903, Secs. 1960-1961, which fix a greater penalty than that fixed by 
the ordinance for setting up and running such contrivances, and 
hence is, as to French pools, void, because violative of Const., Sec. 
168, forbidding the enactment of ordinances prescribing less penalties 
than fixed by statute for the same offense, yet it is void only to that 
class of pool selling, and is valid in other particulars prescribed there- 
in, such as the penalties affixed to the acts of having pool tickets in 
possession, and furnishing telegraphic messages to operators, know- 
ing that they are to be used to further the Susiness of pool selling, 
wihich are not within the statutory prohibition. Rehearing (1903) 
76S. W., 876, 25 Ky. Law Rep., 995, denied.—City of Louisville v. 
Wehmhoff, 79 S. W., 201, 25 Ky. Law Rep., 1924; Same v. Alvey, Id.; 
Same v. Pirtle, Id.; Same v. Smith, Id. 


POSTING BILLS. 


AN ORDINANCE in relation to posting bills, advertisements, 
ete., on poles supporting telegraph, telephone, electric light, 
or fire alarm wires. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That it shall be unlawful for any person or persons to 
nail or paste any bill or poster, placard, or advertisement to 
any post or pole used for supporting telegraph, telephone, elec- 
tric light, fire alarm wires, or upon any pole or post, or upon 
any tree-box, tree guard, or upon any tree. 

§ 2. Any person or persons violating the provisions of the 
first section of this ordinance, on conviction thereof, shall be 
deemed guilty of a misdemeanor, and shall be fined for each 
offense not less than five dollars nor more than fifteen dollars. 

Approved September 16, 1895. 


POSTING HAND-BILLS. 


AN ORDINANCE prohibiting the posting of hand-bills, etc., 
in the city of Louisville. 


A. fine of five dollars is hereby imposed upon any and all 
persons who shall paste a hand-bill or print an advertisement on 
any house or fence, whether public or private, without the con- 
sent of the owner. And the same fine is also imposed upon any 


POWDER MAGAZINES—PRINTED MATTER. 395 


and all persons for whose benefit said hand-bills or printed ad- 
vertisements are put up. It is hereby made the duty of the 
police to give information against all persons who may violate 
this ordinance. 

Approved December 17, 1855. 


POWDER MAGAZINES. 


AN ORDINANCE regulating powder magazines in the city 
of Louisville. 


No person shall erect, use, or occupy as a powder magazine 
any house located within two hundred yards of any other build- 
ing, nor then unless the house be fire-proof and fully protected 
from lightning, and inclosed within a fence at least 12 feet high, 
under a penalty of not less than fifty dollars nor more than five 
hundred dollars. No person shall have in one house or place, 
other than a powder magazine, a quantity of gunpowder ex- 
ceeding twenty-eight pounds, and not more than six and a 
quarter pounds in any one parcel, under a penalty of fifty dol- 
lars: provided, that kegs of powder for sale or shipment may be 
kept in store, or elsewhere in the city, during the day from dawn 
to sunset only. 

Approved November 19, 1872. 


PRINTED MATTER CONCERNING SECRET DISEASES. 


AN ORDINANCE concerning the display or distribution of 
printed matter concerning “‘secret diseases.” 


It shall be unlawful for any one to place or cause to be placed 
in any street or alley, or on any wall, fence, or other place ex- 
posed to public view, within the city limits, any indecent or 
eross painted, printed, or written advertisement, bill, or notice 
of professional skill, or remedies for treatment of what are 
usually called “secret diseases,’ or to leave or cause to be left 
any such notices, bills, or advertisements, whether inclosed in 
an envelope or other form, or uninclosed, in any yard or prem- 
ises attached to any dwelling-house within the city, or under any 
door, or to give or cause to be given to any servant or person 
about such dwelling-house or premises any such notices, bills, 
or advertisements. For a violation of any of the provisions of 


290F PRINTING ORDINANCES. 


this ordinance the party offending shall, for each offense, be 

fined not less than fifty dollars nor more than one hundred dol- 

lars; and, moreover, shall be subject to be arrested and held in 

custody for trial before the judge of the City Court of Louisville. 
Approved December 9, 1867. 


PRINTING ORDINANCES. 


AN ORDINANCE concerning the printing of General Ordi- 
nances in either board of the General Council. 


Be it ordained by the General Council of the city of Louisville: | 


§ 1. That when a general ordinance shall be offered for 
adoption in either board of the General Council such board at 
any time before such ordinance is placed upon its passage, or 
before some date to be fixed in the resolution of such board, on 
the motion of any member thereof, the board into which the 
same shall be introduced may, by resolution thereof, order and 
direct the City Buyer to have printed fifty (50) copies thereof, 
and the clerk of such board shall mail one copy of the same 
when delivered to him to the Mayor, City Attorney, and each 
member of the General Council; provided, however, that this 
ordinance shall not apply to nor include ordinances for the 
construction, reconstruction, or repair of public ways, or for the 
construction of fire hydrants, or other public improvements. 

§ 2. That where either board of the General Council shall 
order and direct an ordinance to be printed as prescribed in 
Section 1 of this ordinance, such ordinance shall be printed in 
folio foolscap form, with pica type, each page to contain not 
less than thirty lines of solid matter of the usual length, num- 
bered consecutively, with a pica reglet only in each space be- 
tween the lines; and in counting the composition upon the bills, 
the same shall be measured as solid small pica matter. Every 
necessary fraction of the page shall be counted as a full page; 
but no entire blank page shall be counted or charged for; pro- 
vided, that the printing under this ordinance shall be let by the 
City Buyer to the lowest and best bidder. 

§ 3. That all ordinances in conflict with this ordinance be 
and the same are hereby repealed. 

§ 4. That this ordinance shall take effect from its passage. 

Approved August 8, 1902. 


PRIVATE DRAINS. 397 





PRIVATE DRAINS. 
AN ORDINANCE relating to private drains. 
Be it ordained by the General Council of the city of Lowsville: 


§ 1. Hereafter any person desiring to have a drain con- 
nected with any sewer in the city of Louisville shall make ap- 
plication to the chief engineer of the Board of Public Works 
on a blank form furnished by the said engineer. ‘The chief 
engineer shall then furnish an estimate of the cost of said drain, 
including in said estimate all expenses connected therewith, and 
a liberal margin for all possible contingencies, and the applicant 
shall make a special deposit of the amount of said estimate with 
the City Treasurer, who shall issue a certificate of deposit in 
duplicate, the original of which shall be retained by the appli- 
cant, and the duplicate filed with the chief engineer. 

§ 2. Upon said duplicate being filed, the chief engineer 
shall have the drain laid from the sewer to the property line of 
the party applying therefor, and at the end of the current 
month shall certify to the applicant by postal card the excess 
of the deposit over the actual cost of said drain, and said ex- 
cess shall be refunded to the party by voucher, furnished by the 
chief engineer, approved by the Board of Public Works and 
registered by the Comptroller. The postal card mailed to the ap- 
plicant by the chief engineer, notifying him of the amount of 
rebate, shall be a sufficient voucher when paid by the City 
Treasurer. 

§ 3. To enable the chief engineer to carry out the provisions 
of Sections 1 and 2 of this ordinance, the Board of Public Works 
is hereby authorized to employ men competent to do such work, 
and shall keep a record of all the transactions connected with 
the laying of said drains. 

§ 4. The money received by the Treasurer for the laying of 
the drains shall be kept as a special account, and credited to the 
account of private drains, and shall be used to pay off all lia- 
bilities incurred for laying drains, and for no other purpose. 
Said money is in no wise to be considered or construed as the 
money of the city of Louisville. 

§ 5. The chief engineer is hereby empowered to fix the 
grades, inclinations, and depths of all drains within the limits 
of the street or other public highway. 

§ 6. All ordinances in conflict herewith be and are hereby 
repealed. 

§ 7. This ordinance shall take effect from and after its pub- 
lication. 

Approved November 9, 1895. 


398 PRIVATE DRAINS—PRIVY VAULTS. 





PRIVATE DRAINS. 


AN ORDINANCE requiring the connection of private drains 
with puble sewers. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That the inspector of buildings shall require each 
architect, contractor, builder, or other person who shall apply 
to him for a permit to erect any new building, or to repair an 
old building, to exhibit to him, before he shall issue to such 
person a per rit, satisfactory evidence from the Board of Public 
Works that such applicant has connected or will, as soon as 
practicable, connect the private drain from the proposed build- 
ing, or building to be repaired, with the public sewer, provided 
such building shall be erected on property abutting on a street 
or MS) in which there is located such a sewer. 

§ 2. That this ordinance shall take effect from and after its 
passage. 

Approved April 27, 1900. 


PRIVY VAULTS. 


AN ORDINANCE concerning the removal of contents of privy- 
vaults. 


Be it ordained by the General Council of the city of Lowsville: 

§ 1. That it shall be unlawful for any one to convey or 
have conveyed any part of the contents of any privy-vault, or 
other vault containing offensive matter, through or along any 
of the streets or alleys of the city, and deposit or with a view of 
depositing the same at any place outside of the city limits near 
enough thereto to be offensive to any one within the city limits. 

§ 2. It shall be unlawful for any one to deposit or have de- 
posited any part of the contents of any such vault as described in 
the first section at any place within the city limits, except in the 
current of the Ohio river. It shall be unlawful for any one to 
convey or have conveyed any part of the contents of any such 
vault as described in the first section along any of the streets or 
alleys of the city, except in water-tight carts or vehicles, and be- 
tween the hours of 10 and 4 o’clock at night: Provided, how- 
ever, that the contents of any such vault as described in the first 
section hereof may be removed at any time in inclosed water- 


PRIVY VAULTS——PUBLIC BRIDGES. 399 


tight carts, if the contents of such vault, before being removed, 
are first disinfected and deodorized; and after thus being ren- 
dered free from offensive smell, to the full satisfaction of the 
Board of Health, may be removed from such vault, and de- 
posited in such place or places as may be petitioned for by all 
the property-owners and residents within fifteen hundred feet 
of the proposed place of deposit, and not otherwise. 

‘§ 38. Whoever shall violate any of the provisions of this or- 
dinance shall be fined for each offense not less than ten dollars 
nor more than one hundred dollars. 

Approved May 18, 1872. 


PRIVY VAULTS. 
AN ORDINANCE concerning privy-vaults. 
Be it ordained by the General Council of the city of Louisville: 


No privy shall be built without a vault at least twelve nor 
more than thirty feet deep, and walled with hard brick; nor 
shall any part of the contents of any privy vault be removed 
except by its being taken out of the city, or into the current of 
the river in the night-time. Each privy shall be kept in proper 
condition at all times, and from the first of April till the last of 
October shall be well sprinkled with lime at least twice in each 
month. Any owner or occupant of premises on which any of 
the above.regulations shall not be complied with shall be fined 
ten dollars for each offense. 

Approved November 5, 1853. 


PUBLIC BRIDGES. 


AN ORDINANCE to prevent injury, mutilation, or deface- 
ment of public bridges of the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That it shall be unlawful to injure, mutilate, or de- 
face any of the public bridges of the city of Louisville, or to 
paint, paste, or fasten any sign, bill, or other advertisement or 
notice thereon. 


ANG PUBLIC SERVICE CORPORATIONS. 





§ 2. Any person violating the provisions of this ordinance 
shall be fined not less than five dollars nor more than twenty 
dollars. 

§ 3. This ordinance to take effect from and fater its pas- 
sage. 

Approved September 16, 1895. 


PUBLIC SERVICE CORPORATIONS. 


Examination of Books. 


AN ORDINANCE providing for the examination and inspec- 
tion of the books, records and physical properties of all 
publie service corporations and of all persons and corpora- 
tions conducting or owning public utilities in the city of 


Louisville. 
Be it ordained by the General Council of the city of Lowisville: 


§ 1. That all public service corporations and all persons, 
firms and corporations conducting, owning or exercising any 
franchise granted by the city of Louisville, shall hereafter ex- 
hibit and disclose to the proper authorities or representatives 
of the city of Louisville for inspection and examination all of 
the books, records and papers and all of the physical property 
of such person, firm or corporation, in so far as same pertain to 
or are in any manner connected with the exercise of such fran- 
chise or such public utility. 

§ 2. Any person, firm or corporation owning or exercising 
any public franchise, such as mentioned in Section 1, who fails 
or refuses to so exhibit and disclose any of its books, "records or 
papers, or its physical property, or fails to permit any properly 
constituted officer, agent or representatives of the city of Louis- 
ville to make such examination and inspection, shall be deemed 
guilty of a misdemeanor, and on conviction shall. be fined not 
less than fifty nor more than one hundred dollars for each of- 
fense, and each day such failure or refusal is continued shall 
be deemed a separate offense. 

§ 3. This ordinance shall take effect from and after its pas- 
sage. 

Approved July 12, 1909. 


PUBLIC WAYS——ASPHALT STREETS. 401 





PUBLIC WAYS. 
Asphalt Streets—Specifications. 


AN ORDINANCE prescribing the general specifications and the 
manner of constructing and reconstructing public ways 
with asphalt pavement. 


Be it ordained by the General Council of the city of Louisville: 


That the following shall be the specifications and the man- 
ner of constructing and reconstructing public ways with asphalt 
pavement in the city of Louisville: 


SUBGRADE. 


§ 1. The street surface shall be worked to the grade estab- 
lished by the General Council and in cross-sections the subgrade 
shall be as shown on the plans. 


CURBING. 


§ 2. Dividing the sidewalk from the carriageway and sup- 
porting the former there shall be laid lines of curbing. This 
curbing shall be constructed of such material and in such a 
manner as may be specified by the Board of Public Works. 


BINDERS. 


§ 3. Binder stone shall be laid in such manner and at such 
places on the work as the Board of Public Works, or its agent, 
may direct. Binder stones shall be six (6) inches in thickness, 
fifteen (15)inches in depth and shall be pointed off smooth and 
even on the top surface, and for three (8) inches in depth on 
the side next to the pavement. No binder stony shall be less 
than four (4) feet in length. 


PREPARATION OF ROADBED. 


§ 4. After being graded to the required section the roadbed 
shall be further prepared for paving by the removal of all vege- 
table or mucky matter, quicksand or other objectionable mate- 
rial, and the material removed shall be replaced with gravel, 
sand or good earth filling, as directed; then the entire roadbed 
shall be thoroughly rolled with a roller of not less than ten (10) 
tons weight. No paving material shall be put down before the 


40? PUBLIC WAYS—ASPHALT STREETS. 





graded or rolled surface shall have been finally inspected and 
approved by the Board of Public Works, or its agent. A roller 
of five (5) tons weight may be used, provided that the roadbed 
shall be rolled to the satisfaction of the Board of Public Works, 
or its deputy. 


FOUNDATION FOR PAVEMENT. 


§ 5. Upon the roadbed thus prepared shall be laid a bed of 
concrete six inches in thickness, constructed with either natural 
or Portland cement, as may be specified by the Board of Public 
Works, sand and broken stone or a mixture of half and half 
broken stone and gravel. 

Cement—When natural cement 1s specified it shall comply 
with the following requirements: It shall be of such a fineness. 
as to leave by weight a residue of not more than ten per cent. 
(10 per cent.) on the number 100, and thirty per cent. (30 per 
cent.) on the number of 200 sieve. It shall develop initial set 
in not less than ten minutes nor more than two hours. The 
minimum requirements for tensile strength for briquettes one 
inch spare in cross section shall be as follows: The neat cement 
after twenty-four hours in moist air, not less than seventy-five 
(75) pounds; seven days (one day in moist air, six days in 
water), not less than one-hundred-fifty (150) pounds; when 
mixed, one part cement and three parts standard sand after 
seven days (one day in moist air and six days in water), not 
less than sixty (60) pounds. 

When Portland cement is specified it shall meet the follow- 
ing requirements: It shall be of such fineness as to leave by 
weight of residue of not more than eight per cent. (8 per cent.) 
on the number 100 and twenty-five per cent. (25 per cent.) on 
the number 200 sieve; it shall develop initial set in not less 
than thirty minutes. The minimum requirements for tensile 
strength for briquettes one inch square in cross section shall be 
as follows: The neat cement after twenty-four hours in moist 
air, not less than one-hundred-seventy-five (175) pounds; seven 
days (one day in moist air and six days in water), not less 
than five-hundred (500) pounds. When mixed, one part ce- 
ment and three parts standard sand after seven days (one day 
in moist air and six days in water), not less than one-hundred- 
seventy-five (175) pounds. When pats of neat cement about 
three inches in diameter, one-half inch thick at the center, and 
tapering to a thin edge are kept in moist air for a period of 
twenty-four hours thev shall show no cracks or distortions when 
exposed to an atmosphere of steam above boiling water in a 
loosely-closed vessel for five hours. The cement shall not con- 


PUBLIC W: 





ASPHALT STREETS. 403 








tain more than one-and-three-fourths (1°4) per cent. of anhy- 
drous sulphurie acid (SO). 

Sand—'The sand in the concrete must be clean and sharp 
and shall not contain more than five (5) per cent. of clay or 
loam when tested by shaking with water, and must be free from 
all vegetable matter. 

Stone—The stone for the concrete shall be clean and hard 
broken stone, freed from dust and particles that have been 
weathered or otherwise soft material. It shall all pass a two-and- 
one-half (24) inch screen in its largest dimension, When 
stone is to be used alone it shall be gr: aded in sizes from coarse 
to fine. When it is to be used mixed with gravel it shall contain 
no particles smaller than one-half (44) inch in size. 

Gravel—the gravel must be clean and free from all vege- 
table matter, and shall not be larger than one (1) inch in its 
Jargest dimension. 

Proportions—When natural cement is specified, it shall con- 
sist of one part cement, two parts sand and five parts of stone, 
or a mixture of crus shed stone and gravel half and half may be 
used in place of stone alone at the discretion of the Board of 
Public Works. 

When Portland concrete is specified it shall consist of one 
part of cement, three parts of sand and seven parts of broken 
stone, or a mixture of crushed stone and eravel half and half 


may be used in place of stone alone, at the discretion of the 
Board of Public Works. 


MIXING. 


§ 6. The sand and cement shall be thoroughly mixed dry 
to a uniform color, and then just enough water added to make 
a plastic mortar. The stone or the mixture of the stone and 
gravel shall then be thoroughly drenched with water and mixed 
with the cement mortar until every piece of stone is completely 
covered. If the concrete is mixed by hand, the batches shall 
not contain more than one barrel of cement at a mixing, and 
the mixing shall be done by a sufficient number of skilled men 
to guarantee an expeditious handling thereof, and, if necessary, 
the concrete shall be protected until set from the action of the 
sun, wind and frost, and when deemed necessary - shall be 
sprinkled. No conerete shall be used which has been mixed 
more than thirty minutes. 

The contractor shall supply with all cement to be ne for 
concrete a certificate from an_ established testing laboratory 
stating that the cement which he is using has been inspected 
and tested and ecomples with the requirements of these specifi- 
ecations. 


AOA PUBLIC WAYS—ASPHALT STREETS. 





The cement may be sampled froin time to time by the 
Board of Public Works, or its agent, and subjected to the 
apove tests. 

§ 7. Gutters may be paved with vitrified block or artificiak 
stone, as may be designated by the Board of Public Works. 


SHEET ASPHALT PAVEMENT. 


§ 8. The pavement proper shall consist of a binder course 
from one (1) to one-and-one-half (112) inches thick when 
compressed, and a wearing surface of from one-and-one-half 

(114) to two (2) inches thick when compressed. The Board 
sf Public Works shall direct what thickness of binder course 
and wearing surface within the above limits will be required for 
each pavement. 

The binder course shall be composed of clean, hard broken. 
stone free from any particles that have been weathered or other- 
wise soft material. It shall all pass a one and one-fourth (1144) 
inch screen. Eighty-five (85) per cent. of the stone shall pass 
this screen in its largest dimensions, and of the remaining: 
fifteen (15) per cent. no piece shall have a larger dimension. 
than one and one-half (114): inches. The stone must.be so 
eraded from coarse to fine that at least thirty (80) per cent. 
will pass a screen two (2) mesh per linear inch, and not less 
than ten (10) per cent. or more than twenty (20) per cent. 
shall pass a ten (10) mesh screen. If the stone does not con- 
tain the proper amount of material passing the two (2) mesh 
sereen, the deficiencies may be made up by the addition of 
gravel and sand. ‘The stone, or mixture of stone, gravel and 
sand, shall be heated not higher than three hundred and fifty 
( 350) degrees F. in suitable appliances. It is then to be thor- 
oughly mixed by machinery with an asphalt cement, previously 
heated to the minimum temperature, at which it will properly 
coat the stone, such as is acceptable for surface cement penetra- 
tion sixty (60 to ninety (90) (Dow machine), in such propor- 
tions that the resulting binder will have life and gloss without 
an excess of cement. Should it appear dull from over-heating: 
or lack of cement, it shall be rejected. All portions of the fin- 
ished binder that show an excess of asphalt cement, must be cut 
out and thrown away. 

The binder must be hauled to the work and spread while hot: 
upon the foundation to such a thickness that, after being imme- 
diately compacted by tamping and rolling until it is cold, its 
depth shall at no place be less than that prescribed by the Board 
of Public Works, and its upper surface shall be parallel to the 
surface of the pavement to be laid. All binder that shows lack 
of bond or is in any way defective shall be removed from the 


PUBLIC WAYS——ASPHALT STREETS. 405- 





street and replaced by good material at the expense of the con-- 
tractor. 


WEARING SURFACE. 


S 9. Upon the binder course shall be laid the asphalt wear-- 
ing surface, composed of: 

1. Asphalt cement, a mixture of (a) refined asphalt and (b) 
petroleum flux. 

2. Moderately sharp, clean grained sand. 

3. Filler. 

or 

1. Asphalt cement, a mixture of (a) refined asphalt and. 
(b) petroleum flux. 

2. Rock asphalt. 

3. Filler. 


ASPHALT CEMENT. 


§ 10. The asphalt cement must be manufactured only 
from such materials as are described in Sections 11 to 18, both 
included, of this ordinance, and in accordance with the methods 
therein described. The brand of asphalt to be used must be 
specified in each bid. The contractor may change the brand of 
asphalt from that specified in his bid to any other admitted un- 
der these specifications only by written consent of the Board of 
Public Works. 

SAND. 


The sand to be used shall be hard grained and moderately 
sharp. On sifting it shall have the following composition: 
Passing 6 mesh not less than 100 per cent. Passing 40 mesh. 
not more than 85 per cent. Passing 80 mesh not less than 25 
per cent. Passing 100 mesh not less than 10 per cent. 


FILLER. 


This shall be thoroughly dry limestone dust or Portland 
cement, the whole of which shall pass a 30 mesh to the inch 
* screen, and at least sixty-six (66) per cent. shall pass a two: 
hundred (200) mesh to the inch screen. The paving mixture 
shall contain from eight (8) per cent. to twenty (20) per cent. 
of this filler, depending upon the kind of sand and asphalt used 
and the traffic conditions upon the street on which it is to be: 
laid. 


AO0G6 PUBLIC WAYS—ASPHALT STREETS. 





WEARING SURFACE OF ASPHALT. CEMENT SAND 
AND FILLER MIXTURE. 


§ 11. The materials complying with the above specifica- 
tions shall be mixed in proportion by weight depending upon 
their character and the traffic of the street and upon the char- 
acter of the asphalt used. The percentage of bitumen in any 
mixture, soluble in carbon di-sulphide, shall not exceed the 
limits given in the specifications for that individual asphalt. 
If the proportions of the mixture are varied in any manner 
from those specified, the mixture shall be condemned, its use 
shall not be permitted, and if already placed on the streets it 
shall be removed and replaced by proper materials at the ex- 
pense of the contractor. 

The sand and the asphalt cement shall be heated separately 
to a temperature that will give, after mixing, a paving mixture 
of the proper temperature “for the materials employed, as pre- 
scribed in the individual specifications for the various asphalts 
approved for use. he filler shall be added to the hot sand in 
the required proportions and the two thoroughly mixed.” The 
asphaltic cement, at the required temperature and in the proper 
proportions, shall then be added and the mixing continued in 
a suitable apparatus until a homogeneous mixture is produced. 
Sand boxes and asphalt gauges will be weigded in the presence 
of inspectors as often as may be required. 

Samples of all materials entering into the composition of 
the pavement shall be supplied to the engineer or his representa- 
tives in suitable tin boxes and cans and he shall have access to 
all branches of the works at any time. 

The paving mixture, prepared in the manner above de- 
seribed, shall be brought. to the street in carts at a temperature 
between 225 degrees and 325 degrees I’., and if the temperature 
of the air is less than 60 degrees F. the contractor must provide 
canvas covers for use in transit. It shall then at once be spread by 
means of hot iron rakes in such a manner as to give a uniform 
and regular grade, so that, after receiving its final compression 
by rolling, it will have a thickness not less than that prescribed 
by the Board of Public Works. The surface shall then be com- 
pressed by rolling with light rollers and tamping, after which 
a small amount of cement shall be swept over it and it shall then 
be thoroughly compressed by a steam roller weighing not less 
than one hundred and seventy-five (175) pounds to the inch 
tread, the rolling being continued for not less than five hours 
for every 1,000 square yards of surface. 


PUBLIC WAYS 





ASPHALT STREETS. 407 





CALIFORNIA ASPHALT. 


$ 12. If the pavement be laid with California asphalt the 
wearing surface shall comply with the following requirements: 

Refined Asphalt—The refined asphalt shall be obtained by 
heating liquid California asphalt or California maltha until it 
has acquired a consistency of not less than fifteen (15) penetra- 
tion (Dow machine). The temperature attained during the 
process of manufacture must never exceed six hundred (600) 
degrees F. The refined asphalt must contain not less than. 
ninety-eight (98) per cent. of bitumen soluble in carbon di-- 
sulphide. 

Asphalt Cement—The asphalt cement shall have a pene- 
tration at seventy-seven (77) degrees F., of between fifty-five 
(55) and (70) (Dow machine). It shall be made by the ad- 
mixture of the refined asphalt with a suitable flux. If the flux. 
is other than what is known as California liquid asphalt or Cali- 
fornia maltha, it shall not exceed 10 parts to 100 parts of the- 
refined asphalt. Any additional flux over the ten (10) parts 
per hundred (100), must be the residuum from California as-- 
phaltic oil. . 

The asphalt cement must comply with the following require-- 
ments: 

(1) It must be of such a character that when made into a. 
cement of ten (10) penetration at thirty-two (82) degrees F. 
it will not show a penetration of more than four hundred (400) 
at one hundred and fifteen degrees (115) F. 

(2) When the pure bitument of the asphalt cement is made- 
into a briquette having a cross section of one square centimeter, 
it must stretch to a distance of 100 centimeters or over without 
breaking, when tested for ductility at seventy-seven (77) de- 
erees I. 

(3) When the asphalt cement is héated in an open tin at a 
temperature of three hundred (300) degrees I. for eighteen 
(18) hours in a hot-air oven, it must not show a loss by volatili-- 
zation of over five (5) per cent., and it must not have hardened 
over fifty (50) per cent. by this heating. 

(The above enumerated physical properties shall be deter- 
mined by uniform methods, descriptions of which are on file: 
in the office of the Chief Engineer. ) 

The asphalt cement must never be heated to a temperature: 
above three-hundred-fifty (350) degrees I. after it has been 
brought to the proper consistency for paving. When this as- 
phalt cement is in a molten condition it must be thoroughly 
agitated before drawing from storage, so as to insure a uniform. 
cement. 


AOS PUBLIC WAYS——ASPHALT STREETS. 





Paving Mixture—The paving mixture made with this as- 
phalt shall contain between nine and one-half (942) and 
twelve and one-half (1242) per cent. bitumen, soluble in carbon 
di-sulphide, and at least ten (10) per cent. of ‘the filler, depend- 
ing upon the kind of sand used, and the traffic conditions upon 
the street on which it is to be laid. 

' The asphalt paving mixture shall never be of a temperature 
higher than three-hundred-thirty (330) degrees F., nor lower 
than two-hundred- fifty (250) degrees F. The temperature of 
this paving mixture w ill be regulated according to the tempera- 
ture of the atmosphere and the w orking of the mixture. 


MIXTURES OF CALIFORNIA ASPHALTS WITH HARD 
NATURAL ASPHALTS: 


§ 13. If the pavement be laid with a mixture of California 
asphalts with hard natural asphalts, the wearing surface shall 
comply with the following requirements: 

Refined Asphalts—If the crude natural asphalt contains 
water, it shall be refined by heating to a temperature of not 
over three-hundred- fifty (350) degrees F., with the addition if 
necessary of a suitable flux, until all the water has been driven 
off. A portion of the liquid or solid California asphalt may be 
added during this process. 

Asphalt Cement—The asphalt cement shall have a penetra- 
tion at seventy-seven (77) degrees F., of between 45 and 70 
(Dow machine). It shall be made by the admixture of the re- 
fined asphalt with liquid or solid California asphalt (as de- 
scribed under ‘California Asphalt”), and a suitable flux in 
such proportions that the asphalt cement will comply with the 
following requirements, but in no case shall it contain more 
than twenty (20) per cent. of flux other than California liquid 
asphalt. 

(1) It must be of such a character that when made into 
a cement of ten (10) penetration at thirty-two (32) degrees 
F., it will not show a penetration of more than three hundred 
(300) at one-hundred-fifteen (115) degrees F. 

(2) When the pure bitumen of the asphalt cement is made 
into a briquette having a cross section of one square centimeter, 
it must stretch to a distance of twenty centimeters or over with- 
out breaking, when tested for ductility at seventy-seven (77) 
degrees Ff. 

(8) When the asphalt cement is heated in an open tin at a 
temperature of three hundred (300) degrees F. for eighteen 
(18) hours in a hot air oven, it must not show a loss by votaliza- 
tion of over five (5) per cent., and it must not have hardened 
over fifty (50) per cent. by this heating. 


PUBLIC WAYS——-ASPHALT STREETS. 409 





(The above enumerated physical properties shall be deter- 
mined by uniform methods, descriptions of which are on file in 
the office of the City Engineer.) 

The asphalt cement must never be heated to a temperature 
above three hundred and fifty (850) degrees F. after it has 
been brought to the proper consistency for paving. When this 
asphalt cement is in a molten condition it must be thoroughly 
agitated before drawing from storage and while in use in the 
supply kettles, in order to insure a uniform cement. 

Paving Mixture—-The paving mixture made with this as- 
phalt shall contain between nine and one-half (9144) and 
twelve and one-half (1214) per cent. bitumen soluble in carbon 
di-sulphide, and at least ten (10) per cent. of filler, depending 
upon the kind of sand and asphalt used and the traffic condi- 
tions upon the street upon which it'is to be laid. 

The asphalt paving mixture shall never be of a temperature 
higher than three hundred and thirty (330) degrees F., nor 
lower than two hundred and fifty (250) degrees F. The tem- 
perature of this paving mixture will be regulated according to 
the temperature of the atmosphere and the working of the mix- 

ure. 


BERMUDEZ ASPHALT. 


§ 14. If the pavement be laid with Bermudez asphalt, the 
wearing surface shall comply with the following rejuirements: 

Refined Asphalt—The refined asphalt shall be obtained by 
heating the crude natural asphalt as mined from what is known 
as the Bermudez Asphalt Lake deposit in Bermudez State, 
United States of Venezuela, without the admixture of any other 
material, to a temperature of not over two hundred and fifty 
(250) degrees F., until all the water is driven off. The refined 
asphalt must analyze between ninety (90) and ninety-six (96) 
per cent. bitumen soluble in carbon di-sulphide. 

Asphalt Cement—The asphalt cement must have a pene- 
tration at seventy-seven (77) degrees I’. of between 50 and 70 
(Dow machine). It shall be made by the admixture of the re- 
fined asphalt with an approved flux. If the flux is other than 
what is known as California liquid asphalt or California maltha, 
it shall not exceed twenty-five parts of flux to one hundred 
parts of the refined asphalt. No materials other than the above 
stated shall be added to the refined asphalt in the manufacture 
of the asphalt cement. 

The asphalt cement must comply with the following re- 
quirements: 

(1) It must be of such a character that when made into a 
cement of ten (10) penetration at thirty-two (82) degrees F. 


ASPHALT STREETS. 





41C PUBLIC WAYS 


it will not show a penetration of more than three hundred (300) 
at one hundred and fifteen (115) degrees F. 

(2) When the pure bitumen of the asphalt cement is made 
into a briquette having a cross section of one square centimeter 
it must stretch to a distance of forty (40) centimeters or over, 
without breaking, when tested for ductility at seventy-seven 
(77) degrees F. 

(3) When the asphalt cement is heated to a temperature of 
three hundred (300) degrees F., in an open tin box for eigh- 
teen (18) hours in a hot-air oven, it must not show a loss by 
volatilization of over five (5) per cent., and it must not have 
hardened over fifty (50) per cent. Ly this heating. 

(The above enumerated physical properties shall be deter- 
mined by uniform methods, descriptions of which are on file 
in the City Engineer’s office. ) 

The asphalt cement must never be heated to a temperature 
above three hundred and fifty (850) degrees F., after it has 
been brought to the proper consistency for paving. When this 
asphalt cement is in a molten condition it must be thoroughly 
agitated before drawing from storage, and while in use in the 
supply kettles, so as to insure a uniform cement. 

Paving Mixture—The paving mixture made with this as- 
phalt shall contain between nine and one-half (942) and twelve 
and one-half (12%) per cent. bitumen soluble in carbon du- 
sulphide, and at least ten (10) per cent. of filler, depending 
upon the kind of sand used, and the traffic conditions upon 
the street on which it is to be laid. 

The asphalt paving mixture shall never be of a temperature 
higher than three hundred and thirty (330) degrees F.., nor low- 
er than two hundred and fifty (250) degrees F. The temperature 
of the paving mixture will be regulated according to the tem- 
perature of the atmosphere, and the working of the mixture. 


TRINIDAD ASPHALTS. 


§ 15. If the pavement be laid with Trinidad Lake or Land 
Asphalt, the wearing surface shall comply with the following 
requirements: 

Refined Asphalt—The refined asphalt shall be obtained by 
heating the crude natural asphalt as mined from what is known 
as the Trinidad Asphalt Lake deposit, or Trinidad Asphalt 
Land deposits in the island of Trinidad, or as mined elsewhere 
without the admixture of any other material, to a temperature 
of not over three hundred and fifty (850) degrees F., until all 
the water is driven off. The refined asphalt must analyze be- 
tween fifty (50) per cent. and fifty-eight (58) per cent. bitumen 
soluble in carbon di-sulphide. 


PUBLIC WAYS——ASPHALT STREETS. 4 


= 








Asphalt Cement—The asphalt cement shall have a penetra- 
tion at seventy-seven (77) degrees F., of between forty (40) 
and sixty (60) (Dow machine). It shall be made by the ad- 
mixture of the refined asphalt with an approved flux. If the 
flux is other than what is known as Calofirnia Liquid Asphalt 
or California Maltha, it shall not exceed twenty-five (25) parts 
to one hundred (100) parts of refined asphalt. No materials 
other than the above stated shall be added to the refined asphalt 
cement, excepting that the contractor may be allowed to mix 
with Trinidad asphalt, California asphalt, provided the asphalt 
cement meets with the following requirements: 

(1) It must be of sucha character that when made into a 
cement of ten (10) penetration at thirty-two (82) degrees F., 
it will not show a penetration of more than three hundred (800) 
at one hundred and fifteen (115) degrees F. 

(2) When the pure bitumen of the asphalt cement is made 
into a briquette having a cross section of one square centimeter, 
it must stretch to a distance of forty (49) centimeters or over, 
without breaking, when tested for ductility at seventy-seven 
(77) degrees F. 

(3) When the asphalt cement is heated in an open tin ata 
temperature of three hundred (300) degrees F., for eighteen 
(18) hours in a trot-air oven, it must not show a loss by votaliza- 
tion of over five (5) per cent., and it must not have been har- 
dened over fifty (50) per cent. by this heating. 

Unless this Trinidad asphalt has been so treated as to ren- 
der it practically unacted upon by water, it must be laid upon a 
binder containing sufticient fine material to render it imper- 
vious to water, and made with one of the asphalts admitted by 
these specifications other than Trinidad. 

(The above enumerated physical properties, and as to 
whether the asphalt is practically unacted upon by water, shall 
be determined by uniform methods, descriptions of which are 
on file in the office of the City Engineer. ) 

The asphalt cement must never be heated to a temperature 
above three hundred and fifty (350) degrees F., aftter it has 
been brought to the proper consistency for paving. When this 
asphalt cement is in a molten condition it must be thoroughly 
agitated before drawing from storage and while in use in the 
supply kettles so as to insure a uniform cement. 

Paving Mixture—The paving mixture made with this as- 
phalt shall contain between nine and one-half (9%) and 
twelve and one-half (1244) per cent. bitumen soluble in car- 
bon di-sulphide, and at least eight (8) per cent. of the filler, 
depending upon the kind of sand used and the traffic conditions 
on the street on which it is to be laid. 


412 PUBLIC WAYS——ASPHALT STREETS. 








The asphalt paving mixture shall never be of a temperature 
higher than three hundred and fifty (850) degrees I*., nor lower 
than two hundred and fifty (250) degrees . The temperature 
for this paving mixture will be regulated according to the tem- 
perature of the atmosphere and the working of the mixture. 


WEARING SURFACE OF ASPHALT CEMENT, ROCK 
ASPHALT AND FILLER. 


§ 16. Asphalt Cement—The asphalt cement must be manu- 
factured only from such materials as are described in the speci- 
fications for the different asphalts herein described. It must 
have a penetration between thirty (30) and fifty (50) when 
tested at seventy-seven (77) degrees F. (Dow machine). 

The asphalt must never be heated to a temperature above 
three hundred and fifty (3850) degrees F., after it has been 
brought to the proper consistency for paving. When this as- 
phalt cement is in a molten condition it must be thoroughly 
agitated before drawing from storage, and while in use in the 
supply kettles, so as to insure a uniform cement. 

Rock Asphalt—The rock asphalt must be ground so that its 
mineral aggregate, after being freed from the bitumen, shall 
all pass a 6 mesh screen. 

Filler—The filler used in this wearing surface shall be the 
same as already specified in Section 10. The paving mixture 
shall contain from five (5) to fifteen (15) per cent. of this 
filler, depending upon the kind of rock asphalt and asphalt ce- 
ment used, and the traffic conditions upon the street upon 
which it is to be laid. 

The material complying with the above specifications shall 
be mixed in such proportions by weight that the resulting 
mixture will contain between nine and one-half (942) and 
twelve and one half (12%) per cent. bitumen, soluble in car- 
bon di-sulphide, the bitumen extracted from this mixture shall 
comply with the following requirements: 

(1) It must be of such a character that when brought to a 
cement of ten (10) penetration at thirty-two (32) degrees F., 
it will not show a penetration of more than four hundred (400) 
at one-hundred-fifteen (115) degrees F. 

(2) When the pure bitumen of the asphalt cement is made 
into briquette having a cross section of one square centimeter, 
it must stretch to a distance of thirty (80) centimeters or over, 
without breaking, when tested for ductility at seventy-seven 
(77) degrees I. 

(3) When the asphalt cement is heated in an open tin at a 
temperature of three hundred (300) degrees F., for eighteen 
(18) hours, in a hot-air oven, it must not show a loss by vola- 
tilization of over five (5) per cent. 


PUBLIC WAYS——-ASPHALT STREETS. 413 


(The above enumerated physical properties shall be deter- 
mined by uniform methods, descriptions of which are on file in 
the office of the City Engineer. ) 

If the proportions of this mixture are varied in any manner 
from those specified, the mixture shall be condemned, its use 
shall not be permitted, and if already placed on the streets, it 
shall be removed and replaced by proper materials at the ex- 
pense of the contractor. 

The ground asphalt rock and asphalt cement shall be heated 
separately to a temperature of never over three-hundred-fifty 
(350) degrees I’. The filler shall be added while cold to the hot 
asphalt rock, in the required proportions, and the two thor- 
oughly mixed, unless the Board of Public Works shall in the 
plans and specifications required by Kentucky Statutes, Section 
2829, provide that the filler may be added to the ground asphalt 
tock before the ground asphalt rock is heated to three-hundred- 
fifty (850) degrees F.,.as above required. The asphalt cement 
at the required temperature, and in the proper proportions 
shall then be added, and the mixing continued in a suitable 
apparatus until a homogeneous mixture 1s procured. 

Samples of all materials entering into the composition of the 
pavement shall be supplied to the Engineer or his representa- 
tives, in suitable tin boxes and cans, and he shall have access to 
all branches of the work at any time. 


The paving mixture prepared in the manner above described 
shall be brought to the street in carts at a temperature between 
two-hundred-twenty-five (225) degrees and three-hundred- 
twenty-five (325) degrees F., and if the temperature of the air is 
less than sixty (60) degrees F., the contractor inust provide 
canvas covers for use in transit. It shall at once be properly 
spread by means of hot iron rakes, in such a manner as to give 
a uniform and regular grade, so that, after having received its 
full compression by rolling, it will have a thickness of not less 
than one and one-half inches (if laid without binder, two and 
one-half (244) inches.) ‘The surface shall then be compressed 
by rolling with light rollers and tamping, after which a small 
amount of cement shall be swept over it, and it shall then be 
thoroughly compressed by a steam roller weighing not less than 
one-hundred-seventy-five (175) pounds to the inch tread, the 
rolling being continued for not less than five hours for every 
thousand square yards of surface. 


§ 17. The binder course provided for in Section 8 may be 
omitted under the following conditions: That all clauses of 
these specifications shall be in full force for all conditions of 
construction other than the quantity of wearing surface to be 
used, which surface, after having received its ultimate com- 
pression, shall be not less than two and one-half (214) inches 


A14 PUBLIC WAYS——-ASPHALT STREETS. 





in thickness, to be tested as set forth in Section 11. The con- 
tractor shall, before signing his contract, elect whether a binder 
shall or shall not be used. This election shall be signified in 
writing to the Board of Public Works, and shall be specified in 
the contract, before the same is signed. 


OTHER ASPHALTS THAN THOSE SPECIFICALLY 
NAMED. 


S 18. If asphalt other than those heretofore named or de- 
scribed be used, it shall be of like quality and equal character 
to some one of the asphalts herein described, and shall be 
MIXED AND LAID according to the specifications herein pre- 
scribed for the asphalt to which it is similar and equal . 


STREET RAILROADS. 


S 19. When on any street to be improved there is a street 
railroad track or tracks, the rails, ties, stringers and all prop- 
erty of the street railroad company shall be taken up by and at 
the cost of said company; if necessary to remove any material it 
must be so removed, which necessity is to be determined by the 
Board of Public Works. And when the sub-grade is completed, 
the rails, ties, stringers, ete., shall be put in place to confirm 
to lines and grades of improved street section, as shown on plans 
in the office of the Board of Public Works. All cost of labor 
and construction pertaining to the street railroad shall be at the 
cost of the railroad company. When a street railroad company 
has obtained the privilege of constructing railroad tracks on any 
new street by resolution or ordinance from the General Council 
or by legislative enactment, said railroad company shall con- 
struct its tracks according to plans on file in the office of the 
Board of Public Works, during the construction of said new 
street at the cost of the said railroad company, as set forth in 
this section. 


MATERIAL AND INSPECTION, 


S$ 20. All the material herein specified shall be of the best 
description, each in its class. All material, asphalt, bituminous 
rock, stone, sand or gravel, which may be rejected on inspection, 
shall be removed by the contractor without delay; and all 
broken stone used in paving shall be broken and prepared for 
inspection before the delivery on the work. 

§ 21. The contractor shall prosecute his work in a prompt 
and orderly manner, and when required by the Board of Public 
Works shall discharge incompetent employes or workmen. 


PUBLIC WAYS—ASPHALT STREETS. ALS 


§ 22. Should the contractor fail to execute the work in time 
stipulated, he shall forfeit his contract and be entitled to no pay 
for the work done. ‘The time fixed for its completion may be 
extended by the Board of Public Works for causes deemed 
sufficient by it. 

§ 23. Inspection of the work shall be made by the Board of 
Public Works, or authorized deputy, during its progress, and if 
the contractor does not perform his work according to these 
specifications the Board of Public Works, or its deputy, will sus- 
pend the work at once, and report the reason for said suspension 
to the Mayor and General Council. 

§ 24. The contractor shall guarantee the faithful perform- 
ance-of the work done under his contract, according to these 
specifications, and that the materials used in the construction 
of same are free from defects or flaws; and shall be for a period 
of five (5) vears after the acceptance of the work by the Board 
of Public Works or its deputy. 

The said board shall be the exclusive judge of the existence 
of defects in the work herein mentioned, and of the extent of 
renewal necessary to remedy such defects, and the appointment 
of inspectors by said board for the supervision of the work, to 
insure that the same is in accordance with plans and specifica- 
tions, or with the contract therefor, and the supervision thereof 
by such inspector or inspectors shall in no wise relieve the con- 
tractor from the guarantee of his work as herein set forth. 

The contractor and his sureties shall enter intv a written con- 
tract with the city, covenanting that they will pay all damages 
for injuries to or encroachments upon the private property of 
abutting lot owners, or other persons, in constructing the im- 
provements herein mentioned, and will save the city harmless 
from all loss or damage on that account, and that the contractor 
and his sureties shall, in no event, be released from such liabil- 
ity, unless the injury to private property was done by the con- 
ee and in pursuance to the express written order of said 

oard. 

§ 25. An ordinance entitled ““An ordinance prescribing the 
general specifications and the manner of constructing and re- 
constructing public ways with asphalt pavement,” approved 
January 29, 1901, and all other ordinances and parts of ordi- 
nances in conflict herewith are hereby repealed. 

§ 26. This ordinance shall take effect from and after its 
passage. 

Approved May 5,1908.  weneateg | 


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416 PUBLIC WAYS—CELLAR DOORS. 


PUBLIC WAYS. 


Cellar Doors. 


AN ORDINANCE regulating the use of public ways for cellar 
doors. 


Be it ordained by the General Council of the city of Louisville: 


Tt shall be unlawful for any person to permit his cellar door 
or cellay-way, on any public way in said city, to be left open at 
any time. It shall be unlawful for any person to permit any 
cellar door, cellar-way, or grating to any vault, or in any public 
way in said city, belonging to premises owned or occupied by 
him, to be in an insecure condition, or in such condition as to 
endanger passers-by. It shall be unlawful for any person to 
place, keep, or maintain on any sidewalk, street, or alley, any 
cellar door, cellar-way, or steps leading into any cellar door or ° 
cellar-way that is otherwise than level with the adjoining pave- 
ment, and that extends more than four feet from the line of the 
adjoining lot. All cellars shall be kept dry and well aired, and 
free from standing water, putrifying and noxious vapors and 
smells, and during the monthg of June, July, August and Sep- . 
tember, well sprinkled with hme or some other disinfectant, 
when necessary. Any person violating any provision of this 
ordinance shall be fined not less than five nor more than twenty 
dollars for each offense. 

Approved May 9, 1871. 


PUBLIC WAYS. 


AN ORDINANCE regulating the use of public ways in the 
city of Louisville. : 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That it shall be unlawful for any person, firm, or 
corporation to place or maintain any vehicle of any kind upon 
or over any sidewalk or any part of any sidewalk. 

§ 2. It shall be unlawful for any person, firm, or corpora- 
tion to lead, ride, or drive, or place any beast of burden or ve- 
hicle on or over any sidewalk, otherwise than in going to or 
from the premises occupied or ‘owned by such person, firm, or 
corporation, or another, and then only at such time, and in such 


PUBLIC WAYS. a1G 


way and manner, as will not interrupt or inconvenience the 
traveling public. 

§ 3. It shall be unlawful for any person, firm, or corpora- 
tion to use or occupy any part of any sidewalk, street, alley, or 
public way in shoeing or trying to shoe a horse or other animal, 
or for the purpose of heating or putting on wheel tires, or burn- 
ing or destroying any waste or refuse matter of any kind. 

§ 4. It shall be unlawful for any person, firm, or corpora- 
tion to erect, keep, or maintain upon or over any sidewalk,. 
street, alley, or public way within the corporate limits of the: 
city of Louisville, or upon or over any part of such sidewalk, 
street, or alley, or public way, any house, fence, wall, building, 
or structure of any kind, or any post, rail, or other things that 
may in any way obstruct, either total or partial, such street, al- 
ley, or sidewalk, or that may in any way prevent or impede the 
full and free use by the public of such entire sidewalk, street, 
alley, or public way. 

§ 5. It shall be unlawful for any person, firm, or corpora- 
tion to inclose in any manner, either totally or partially, any 
sidewalk, street, alley, public way, or any part of any side- 
walk, street, alley, or public way, with any fence, wall, or 
other structure, or in any manner whatever, except as may be: 
provided by ordinance, 

§ 6. It shall be unlawful for any person, firm, or corpora. 
tion to place, keep, or maintain on any sidewalk, street, alley, or 
puble way any wood, coal, lime, sand, brick, stone, lumber, or 
anything whatever, except as herein provided. 

§ 7. It shall be unlawful for any person, firm, or corpora-~ 
tion . dig, break, displace, injure, or interrupt in any manner 
any pavement, sidewalk, curbing, street, alley, or public way,. 
except in making improvements to adjoining lots, or for public: 
purposes. 

§ 8. Whoever shall dig or displace, injure or interrupt any 
part of any sidewalk, pavement, street, or alley, or public way, 
or curbing, in making improvements in or upon adjoining lots, 
or for publie purposes, shall replace the same in its original 
condition within twenty-four hours after the completion of the 
work. 


§ 9. Any person, firm, or corporation engaged in doing, or 
causing to be done, any: work which makes it necessary for 
bricks, stone, dirt, sand, eravel, vessels, or other litter, or thing. 
to be placed in or on any sidewalk, shall remove the s same, to- 
gether with all ltter or refuse matter caused by the work, or 
which may not have been used, within twenty-four hours after 
completion of the work. 

§ 10. Any person, firm, or corporation engaged in doing or 
causing to be done, any work which makes it necessary for- 


AIS PUBLIC WAYS——ASPHALT STREETS. 


bricks, stone, dirt, sand, gravel, vessels, or other litter, or any- 
thing to be placed in or on any street, alley, or public way,-shall 
remove the same, together with all litter or other substance or 
refuse matter remaining after said work is completed, within 
‘three days after the completion of the work. 

§ 11. It shall be unlawful for any person, firm, or corpora- 
tion to use any sidewalk, or street, or alley, either in whole or in 
part, for the purpose of vending any article whatever, or con- 
-ducting any business, occupation, or trade, or advertising any 
business, occupation, or trade. 

§ 12. It shall be unlawful for any person, firm, or corpora- 
‘tion to throw, pour, or permit, or cause to be run over any side- 
walk, street, or alley, or any part thereof, any slop, refuse mat- 
ter of any kind, filthy or hot water, steam water of any kind, 
‘impure liquids, or liquids or offal of any kind, or to permit any 
‘person in his, her, their, or its employ to do so. 

Sidl Skt shall be unlawful for any person, firm, or corpora- 
‘tion to place or throw on any sidewalk any filth, waste, or 
refuse matter, or offal of any kind, or any orange-peel, banana- 
“peel, or the peel, skin, or rind of any other fruit, vegetable, or 
‘things, or permit any one in his, her, their, or its employ to do 
250); 

§ 14. It shall be unlawful for any person, firm, or corpora- 
‘tion to leave any vehicle, or any other thing that may be a 
nuisance or obstruction, or hindrance in or upon any street, or 
alley, or sidewalk within the city, either during the day or 
‘night. 

§ 15. For the purpose of erecting houses or other improve- 
‘ments on lots adjacent to any street, sidewalk, or alley, no per- 
son, firm, or corporation shall use more than one-third of the 
-width of said street fronting said improvement for material for 
‘making and conducting said improvement, but no material or 
substance of any kind shall be placed or allowed to fall or re- 
main in the gutter of such street, such use of the street.to be 
temporary and until such improv ‘ement shall have been com- 
pleted, and such improvement shall be completed without un- 
necessary delay. When such houses, structures, or improve- 
ments described in this section shall extend above one story, it 
shall be the duty of the builders, architect, and owner to erect 
a temporary shed or structure over the entire sidewalk adja- 
cent to which such improvement is being made, with a roof of 
sufficient strength to resist the force of all material which may 
fall from the walls of such improvement as the work progresses, 
which will protect those passing along such sidewalk. Such 
shed or structure so erected for the protection of those passing 
along and over said sidewalk shall be so erected as not to inter- 
‘fere with or obstruct public travel, and not to injure the street, 


PUBLIC WAYS. Ai 


curbing, guttering, or sidewalk, and shall be removed within 
three days after the completion of said house or structure. 

§ 16. Nothing in this’ordinance shall be construed to pro- 
mer the necessary temporary use of the sidewalks, by night or 
day, while actually shipping or receiving goods, wares, or mer- 
chandise of ev ery kind, and for putting up coal, or other fuel, 
provided sufficient passway is left for pedestrians. 

§ 17. It shall be unlawful to allow or permit the flow of 
water of any kind, from any drain or other pipes, in or upon 
any street, alley, or sidewalk, or public way during the making, 
repairing, or reconstruction of such street, alley, or sidewalk in 
such manner as to interfere with, retard, or interrupt such mak-. 
ing, repairing, or reconstruction of such street, alley, or side- 
walk. 

§ 15. When any use of any street, sidewalk, alley or public 
way is made as allowed by law, all such obstructions shall be 
safely guarded in such manner, and with sufficient necessary 
red lights at night, as to protect all those traveling or passing. 
upon such streets, alleys, sidewalks, or public ways, against. 
injury from such obstruction. 

§ 19. Any person, firm, or corporation violating any of 
the provisions of this ordinance shall be fined in any sum not 
less than five ($5) dollars nor more than fifteen ($15) dollars. 
for each offense, and ten ($10) dollars for every twenty-four 
hours over the time any person, firm or corporation who or 
which may cause or permit such unlawful obstruction of any 
kind to remain in or on any of the public ways, sidewalks, 
streets, or alleys of the city. 

§ 20. All ordinances and resolutions in conflict herewith, 
or not in conformity herewith, are hereby repealed. 

§ 21. An ordinance entitled ‘‘An ordinance to regulate the 
use of public ways,” approved March 25, 1884, is hereby re- 
pealed. 

§ 22. This ordinance shall take effect and be in force from 
and after its passage. 

Approved September 16, 1895. 


420 PUBLIC WAYS—USE OF. 


PUBLIC WAYS. 
Concerning Growth of Weeds on Sidewalks and in Gutters. 


AN ORDINANCE relating to the growth of weeds and other 
vegetable matter in the sidewalks and gutters in the city 
of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That it shall hereafter be unlawful for the owner or 
-agent of ground fronting any of the public highways of the 
-city of Louisville to permit any weeds or other vegetable matter 
‘to grow or remain in the sidewalk or gutter of the street in front 
-of his property. 

§ 2. It shall be the duty of the Board of Public Works to 
give notice of the violation of this ordinance to the owner of the 
“property, or to the agent, if the property be in the hands of an 
agent, and if, after the expiration of five days, the nuisance be 
‘not abated, said owner or agent shall be fined not less than five 
dollars nor more than twenty-five dollars for each additional 
day the same remains unabated. 

§ 8. All ordinances in conflict with this ordinance are re- 
pealed. This ordinance shall take effect from and after its 
publication. 

Approved August 10, 1895. 


PUBLIC WAYS. 
Regulating the Use of by Steam Railroads. 


AN ORDINANCE regulating the use of public highways in 
the city of Louisville by steam railways. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That hereafter it shall be unlawful for any person or 
company, operating a steam railroad in the city of Louisville 
over or along any of the public highways of said city, to block 
-or obstruct or occupy any crossings or intersections of any of 
-said highways with locomotives or cars for a longer period than 
‘five minutes at any one time. 


PUBLIC WAYS—INJURIES ON. 491 





§ 2. For any violation of this ordinance the person or cor- 
poration so offending shall be fined not less than ten dollars nor 
more than twenty dollars for each offense. 

§ 8. This ordinance shall take effect from and after its 
approval. 

Approved September 16, 1895. 


PUBLIC WAYS. 


Injuries on to Persons and Property. 


AN ORDINANCE to prevent injuries to persons and property 
by collisions on the public ways of the city of Louisville. 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. That any person who, while riding, driving, or pro- 
pelling a bicycle, or other vehicle or instrument, or while en- 
gaged in any ‘other method of locomotion, shall ona public way 
of the city of Louisville run against, over or into any other per- 
son, or bicycle, vehicle or other personal property in the pos- 
sion and use of such other person in such manner as does or may 
do any injury or damage to such other person or property, and 
who shall not immediately stop to ascertain the extent of such 
injury or damage, and to render such assistance as may be 
needed, and shall refuse to give his or her true name and resi- 
dence, or who shall give a false name or residence, when asked 
for by the person injured, or whose property is so injured, or 
by any other person in his or her behalf, shall be guilty of a 
misdemeanor, and upon conviction thereof, shall be fined not 
fess than five dollars nor more than one hundred dollars for 
each offense. 

§ 2. That this ordinance shall take effect from and after its 
passage. 

_ Approv ed May 6, 1898. 


499 PUBLIC WAYS. 


PUBLIC WAYS. 
Sidewalks—Notification to Owners. 


AN ORDINANCE to require the Board of Public Works to 
notify owners before reconstructing sidewalks. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. It shall be the duty of the Board of Public Works, ten 
days before recommending to the General Council any ordi- 
nance for the reconstruction of any sidewalk within the city of 
Louisville, to send through the mails notice of said ordinance 
to the owner or agent of every lot abutting on such sidewalk, 
whose name may appear on the books of the City Assessor as the 
owner of said property. 

§ 2. The failure of the owner or agent to receive said notice 
shall in no way invalidate any ordinance passed by the General 
Council, or any contract entered into by the Board of Publie 
Works, for the reconstruction of sidewalks, nor in any way 
affect the liability of any such owner to pay his proportionate 
part of the cost of such reconstruction. 

§ 3: This ordinance shall take effect from its passage. 

Approved March 14, 1907. 


PUBLIC WAYS. 
Streets—Protection of Asphalt. 


AN ORDINANCE for the protection of asphalt streets in the 
city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That it shall hereafter be unlawful for any individual, 
firm or corporation to place, or cause to be placed, any lime, 
mortar, or any disintegrating substance, upon any asphalt 
street within the city of Louisville so that the same will come im 
contact with the asphalt surface thereof. 

§ 2. It shall be unlawful for any individual, firm, or cor- 
poration to place, or cause to be placed, upon an asphalt pave- 
ment in the city of Louisville, heavy rocks, or timbers, or 
metals, or other heavy substances, by which the surface of said 
pavement may be defaced or injured. 


PUBLIC WAYS. AQZ 


§ 3. Any individual, firm, or corporation violating any of 
the provisions of this ordinance shall be fined not less than ten 
($10) dollars nor more than fifty ($50) dollars. 

§ 4. This ordinance shall take effect from and after its pas- 
sage. 

Approved August 28, 1905. 


PUBLIC WAYS. 
Streets—Protection of Curbing. 
AN ORDINANCE to protect curbing in the streets of Louisville. 
Be it ordained by the General Council of the city of Louisville: 


§ 1. That hereafter it shall be unlawful for any person to 
drive or ride over or on any curb or curbing erected or placed 
around any grass plot, or place designated for grass plot, in any 
of the streets of the city of Louisville, or in any other manner 
to injure the same. 

§ 2. Any violation of this ordinance to be punished by a 
fine of not less than five dollars nor more than fifty dollars. 

Approved September 16, 1895. 





PUBLIC WAYS. 
Spitting Upon Sidewalks. 


AN ORDINANCE forbidding spitting or expectorating upon 
the sidewalks, in public places and buildings, and in public 
vehicles and street railway cars. 


WHEREAS, Spitting and expectorating upon the sidewalks 
and in public buildings and conveyances is offensive to the peo- 
le visiting such buildings and using such vehicles, and it has 
ae ascertained that frequently disease of a fatal character has 
been spread throughout the community by the germs arising 
from the sputum and spittle so deposited, 


Be it ordained by the General Council of the city of Louisville: 
§ 1. That it shall be unlawful for any person within the 


city of Louisville to spit, expectorate, deposit or place any 
sputuin, spittle, saliva, phlegm, mucus or tobacco juice upon 


424 PUBLIC WAYS. 


the sidewalk of any street, avenue, public square or place in 
the city of Louisville, or upon the floor of any hall or stairway or 
any house which is used in common by the tenants thereof, or 
upon the floor of any hall, office or stairway of any hotel or 
lodging house which is used in common by the guests thereof, 
or upon the floor or stairway of any theater, store, factory, 
church, depot, railroad or street car station, or upon the floor, 
or stairway or any other part of any public building or upon the 
floor, platform or stairway of any ferryboat, railroad car, ve- 
hicle or other public conveyance, or upon the floor, stairs, plat- 
form or inside furnishings or any part of any street car which 
is used or runs upon any of the streets or highways of the city 
of Louisville. 

The corporation or persons owning or having the manage- 
ment or control of any such building, store, factory, ferryboat, 
railroad car or other public conveyance, ferry house, depot, or 
station, station platform or stairs of any elevated railroad or 
other common carrier, are hereby required to keep permanently 
posted in each of said places such a number of notices forbid- 
ding spitting and expectorating as may be sufficient to call at- 
tention to the provisions of this section. ; 

§ 2. Any person violating the terms and provisions of this 
ordinance shall, upon conviction thereof, be punished by a fine 
of not less than one dollar nor more than fifty dollars. 

S 3. That the ordinance entitled ‘An ordinance forbidding 
spitting or expectorating in public buildings and passenger 
cars,’ which became effective on May 21, 1897, be, and the 
same is hereby repealed. 

§ 4. That this ordinance shall take effect from and after its 
passage. 


Approved February 12, 1907. 


PUBLIC WAYS. 


Sidewalks—Protection of. 


AN ORDINANCE for the protection of sidewalks in the city 
of Louisville. 

Be it ordained by the General Council of the city of Louisville: 

§ 1. That any person owning any land, or lot on any street 


within the city of Louisville, with sidewalks improved with 
brick or other material, where the ground is higher than the 


PUBLIC WAYS. 425 


sidewalk, in order to prevent the dirt or ground from caving or 
being w ashed upon the sidewalk, be and he is hereby required 
to erect a retaining wall of stone, wood, or other material; or 
in lieu thereof said ground can be oraded to a slope the extent 
of one and one-half to one, and sodded, to be done under the 
direction and approval of the Board of Public Works. 

§ 2. The said Board of Public Works shall examine the 
premises, and direct the owner or his agent, lessee, or occupant 
thereof, in writing, to erect the character and kind of wall re- 
quired, or may permit the owner to grade and sod the same. 
Said work shall be completed within thirty days from the date 
of said notice. 

§ 3. Any owner, lessee, agent, or occupant of such premises 
violating any of the provisions of this ordinance shall be fined 
not less than ten dollars nor more than twenty-five dollars for 
each offense, and each day’s failure after the expiration of said 
notice shall constitute a separate offense. 

§ 4. This ordinance shall be in force and effect from and 
after its passage. 

Approved May 6, 1899. 


PUBLIC WAYS. 


Sidewalks—To Prevent Obstruction of. 
AN ORDINANCE to prevent certain obstructions to sidewalks. 
Be it ordained by the General Council of the city of Lowsville: 


§ 1. That hereafter it shall be unlawful for any person to 
permit or keep open any grating or cellar door or way in any 
sidewalk on any street, or thereby to prevent the free and unob- 
structed use by pedestrians of the entire sidewalk from the line 
of the property abutting on such street to the curb of the car- 
riageway thereof, except for the time such opening into the side- 
walk is being actually used for taking things into or out of the 
cellar or basement with which such openings shall communicate 
or be connected, and when such actual use ceases, the grating or 
cellar door in sidewalk shall be closed on a level with the side- 
walk, and securely fastened by the person owning, occupying or 
using the same, so that pedestrians may safely and without ob- 
struction use the full width of the sidewalk, including the space 
therein covered by such grating or cellar door or way. 

§ 2. That any person who shall violate any provision of 
Section 1 of this ordinance shall be subject to a fine of not less 


“. 'g 
4296 PUBLIC WAYS. 








than five nor more than fifty dollars for each offense, and each 
hour such obstruction shall exist, or such opening or cellar door 
or way shall be allowed to remain open, when not in actual, use 
as defined in Section 1 of this ordinance, shall constitute a sep- 
arate offense. 
§ 3. That this ordinance shall take effect from its passage. 
Approved August 23, 1901. 


PUBLIC WAYS. 
To Prevent Earth and Dirt from Washing into. 


AN ORDINANCE to prevent earth and dirt from washing or 
falling into the public ways of the city of Louisville. 


Beit ordained by the General Council of the city of Louisville: 


§ 1. li shall be the duty of every owner of any land or lot 
in the city of Louisville to prevent dirt and earth from washing 
or falling from such land or lot upon the paved carriageway of 
any street, alley or public way of the city of Louisville. 

§ 2. In order to prevent any dirt or earth washing or fall- 
ing from any land or lot upon any such paved carriageway as 
mentioned in Section 1, the owner is hereby required to erect 
a retaining wall of stone, wood or other material; or in lieu 
thereof said ground can be graded to a slope the extent of one 
and one-half to one, and sodded, to be done under the direction 
and approval of the Board of Public Works. 

§ 3. The said Board of Public Works shall examine the 
premises and direct the owner or his agent, lessee or occupant 
thereof, in writing, to erect the character and kind of wall re- 
quired, or may permit the owner to grade and sod the same. 
Said work shall be completed within thirty days from the date 
of said notice. 

§ 4. Any owner, lessee, agent or occupant of such premises 
violating any of the provisions of this ordinance shall be fined 
not less than ten dollars nor more than twenty-five dollars for 
each offense, and each day’s failure after the expiration of said 
notice shall constitute a separate offense. 

§ 5. This ordinance shall be in force and effect from and 
after its passage. 

Approved November 8, 1909. 


PUBLIC WAYS. 497 








PUBLIC WAYS. 
‘‘Rattler’’ Test for Bricks Used for. 


AN ORDINANCE providing the method of conducting “The 
Rattler” test for brick used in paving streets and alleys in 
the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the Board of Public Works is hereby authorized 
and directed to subject all brick to be hereafter used for paving 
streets or alleys in the city of Louisville to the following test, 
known as “The Rattler Test: 

§ 2. DIMENSIONS OF THE MACHINE—The standard 
machine shall be 28 inches in diameter and 20 inches in length, 
measured inside the rattling chamber. 

Other machines may be used, varying in diameter between 
26 and 80 inches, and in length from 18 to 24 inches, but if 
this is done, a record of it must be attached to the official report. 
Long rattlers must be cut up into sections of suitable length by 
the insertion of an iron diaphragm at the proper point. 

§ 3. CONSTRUCTION OF THE MACHINE—The barrel 
may be driven by trunnions at one or both ends, or by rollers 
underneath, but in no case shall a shaft pass through the rattler 
chamber. The cross-section of the barrel shall be a regular 
polygon, having fourteen sides. The heads shall be composed 
of gray cast iron, not chilled nor case- Sees The staves 
shall preferably be composed of steel plates, as cast iron peans 
and ultimately breaks under the wearing re on the inside. 
There shall be a space of one-fourth of an inch between the 
staves for the escape of dust and small pieces of waste. 

Other machines may be used having from twelve to sixteen 
staves, with openings from one-eighth to three- eights of an inch 
between staves, but if this is done a record of it must be at- 
tached to the official report of the test. 

§ 4. COMPOSITION OF THE CILARGE—AII tests must 
be executed on charges containing but one make of paving ma- 
terial at a time. The charge must be composed of brick to be 
tested and iron abrasive material. The brick charge shall con- 
sist of that number of whole bricks or blocks whose combined 
volume most nearly amount to 1,000 cubic inches, or 8 per 
cent. of the cubic contents of the rattling chamber. ‘The 
abrasive charge shall consist of 800 pounds of shot made of or- 
dinary machinery cast iron. This shot shall be of two sizes, as 
described below, and the shot charge shall be cornposed of one- 


42x PUBLIC WAYS. 


fourth (75 pounds) of the larger size and three-fourths (225 
pounds) of the smaller size. 

§ 5. SIZE OF THE SHOT—The larger size shall weigh 
about seven and one-half pounds and be about two and one- 
half inches square and four and one-half inches long, with 
slightly rounded edges. ‘The smaller size shall be one and one- 
half inch cubes, weighing about seven-eighths of a pound each, 
with square corners and edges. ‘The individual shot shall be 
replaced by new ones when they have lost one-tenth of their 
original weight. 

§ 6. REVOLUTIONS OF THE CHARGE—The number 
of revolutions of the standard test shall be 1,800, and the speed 
of rotation shall not fall below 28 nor exceed 30 per minute. 
The belt power shall be sufficient to rotate the rattler at the 
same speed whether charged or empty. 

7. CONDITION OF THE CHARGE—The bricks com- 
posing a charge shall be thoroughly dried before making the 
test, and shall be taken from such stock on hand along the line 
of work intended for construction or repairs, as the case may 
be, and never from a sample lot, and said test shall be made in 
public. 

§ 8. THE CALCULATION OF THE RESULTS—The 
loss shall be calculated in the percentage of the weight of the 
dry brick composing the charge, and no results shall be con- 
sidered as official unless it is the average of two distinct and 
complete tests, made on separate charges of brick. No result 
shall be considered if a loss of more than 18 per cent. shall 
appear. 

§ 9. All ordinances or parts of ordinances in conflict here- 
with are hereby repealed. 

§ 10. This ordinance shall take effect from and after ‘its 
passage and publication. 

Approved October 26, 1908. 


RAILROAD, 429 





RAILROAD. 


AN ORDINANCE granting to the Kentucky & Indiana Bridge 
and Railroad Company the right to construct and operate a 
single or double track from the point of intersection with 
said company’s track north of Dumesnil street, east of 
Beech street and west of what would be Hemlock street if 
extended, extending in a southwestwardly direction, along 
and diagonally across Dumesnil street and across Beech 
street at or near the point of its intersection with Dumesnil 
street; thence in a southwestwardly direction across a four- 

' teen-foot alley west of Beech street and south of Dumesnil 
street; thence in the same general direction across Hazel 
street ; thence westwardly along Forrest avenue across Thir- 
ty-second street and to the city limits, and across all inter- 
vening streets and alleys which may exist. 


Be ut ordained by the General Council of the city of Louisville: 


§ 1. The Kentucky & Indiana Bridge and Railroad Com- 
pany is hereby granted the right to construct and maintain a 
single or double track, beginning at a point of intersection with 
the tracks of said company north of Dumesnil street, east of 
Beech street and west of what would be Hemlock street if ex- 
tended, and extending in a southwestwardly direction along and 
diagonally across Dumesnil street and diagonally across Beech 
street at or near the point of its intersection with Dumesnil 
street; thence, in a southwestwardly direction, across a fourteen- 
foot alley west of Beech street and south of Dumesnil street; 
thence, in the same general direction, across Hazel street; thence 
westwardly along Forrest avenue, across Thirty-second street and | 
to the city limits, and across all intervening streets and alleys 
which may exist between the points named, as shown on blue- 
print attached hereto, and to operate, or cause to be operated, 
trains and cars over and along same. ‘This grant shall be termi- 
nable at the pleasure of the General Council, and said track shall 
be subject to removal at any time at the direction of the General 
Council. 

§ 2. The work of constructing said track shall be done at 
the expense of said Kentucky & Indiana Bridge and Railroad 
Company, under the supervision and according to the plans 


430% RAILROAD. 








therefor of the Board of Public Works. 'The spaces between the 
rails and for two feet on the outside thereof shall be kept in 
good repair, at the exclusive cost of said Kentucky & Indiana 
Bridge and Railroad Company, on the demand and under the 
supervision of said Board of Public Works. Before proceeding 
to construct the said track, so far as the same shall le along or 
across public streets or alleys, or to repair same after it has been 
constructed, the Kentucky & Indiana Bridge and Railroad Com- 
pany shall obtain from the Board of Public Works of the city 
of Louisville a permit to do the work in question, specifying the 
place where said work is to be done and the time when it ex- 
pects to begin the same. Such work of construction or repair 
shall be done under the supervision of an employe of the Board 
of Public Works to be designated by the Board, and the Ken- 
tucky & Indiana Bridge and Railroad Company shall pay the 
Board of Public Works at the rate of three ($3.00) dollars per 
day for each day of nine hours spent by such employe in such 
supervision. 

§ 8. The said Kentucky & Indiana Bridge and Railroad 
Company shall indemnify and save harmless the city of Louis- 
ville against any claim for damages by any person by reason of 
the construction of said track, or the operation of cars thereon, 
or the failure to repair the said streets as aforesaid; and the ac- 
ceptance of this ordinance by the construction of said track 
shall bind the said Kentucky & Indiana Bridge and Railroad 
Company, its successors and assigns, to the city of Louisville, 
for the performance of each undertaking or provision of this 
ordinance, 

§ 4. Locomotives or cars shall not be permitted to stand in 
any of said streets or alleys longer than five minutes. 

§ 5. For the violation of any provision of this ordinance 
by the Kentucky & Indiana Bridge and Railroad Company, 
or any of its officers, agents or employes, said company shall 
be subject to a fine of not less than five dollars nor more than 
one hundred dollars for each offense. 

§ 6. This ordinance shall take effect from its passage. 

Approved March 2, 1908. 


RAILROAD. AQ] 


RAILROAD. 


AN ORDINANCE granting to the Pennsylvania Terminal 

) Railway Company the right to construct and operate a sid- 
ing across Nineteenth street, 140 feet north of the north 
line of Howard street. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That the Pennsylvania Terminal Railway Company 
is hereby granted the right to construct and maintain and op- 
erate a sidetrack across Nineteenth street, 110 feet north of the 
north line of Howard street, said sidetrack to lead from a point 
sixty (60) feet east of the east line of Nineteenth street, thence 
west three hundred and seventy-three (373) feet to the east line 
of Twentieth street, as shown by blue print attached hereto, 
and to operate or cause to be operated trains and cars over and 
along the same. This grant shall be terminable at the pleasure 
of the General Council, and said track shall be subject to re- 
moval at any time at the direction of the General Council. 

§ 2. The work of construction of said track shall be done at 
the expense of said Pennsylvania Terminal Railway Company 
under the supervision and according to the plans to be approved 
-by the Board of Public Works. The spaces between the rails 
and for two feet outside thereof shall be kept in good repair at 
the exclusive cost of said Pennsylvania Terminal Railway Com- 
pany on the demand and under the supervision of said Board of 
Public Works. Before proceeding to construct the said track, 
so far as the same shall cross Nineteenth street, or to repair same 
after it has been constructed, the Pennsylvania ‘Terminal Rail- 
way Company shall obtain from the Board of Public Works of 
the city of Louisville a permit to do the work in question, speci- 
fying the plans, where said work is to be done and the time 
when the work is expected to begin. Such work of construction 
or repair shall be done under the supervision of an employe of 
the Board of Public Works to be designated by the board, and 
the Pennsylvania Terminal Railway Company shall pay the 
Board of Public Works at the rate of ‘$3 per day for each day of 
nine hours spent by said employe in such supervision. 


§3. The said Pennsylvania Terminal Railway Company 
shall indemnify and save harmless the city of Louisville against 
any claim for damages by any person by reason of the construc- 
tion of said track or operation of cars thereon, or the failure to 
repair the said streets as aforesaid, and the acceptance of this 
ordinance by the construction of said track shall bind the said 


439 RAILROAD, 


Pennsylvania Terminal Railway Company, its successors and 
assigns, to the city of Louisville for the performance of each 
undertaking or provision of this ordinance. 

§ 4. Locomotives or cars shall not be permitted to stand 
across or in said street longer than five minutes. 

§ 5. For the violation of any provision of this ordinance 
by the Pennsylvania Terminal Railway Company, or any of 
its officers, agents or employes, said company shall be subject to 
a fine of not iess than $25 or more than $100 for each offense. 

§ 6. This ordinance shall take effect from its passage. 

Approved March 11, 1908. 


RAILROAD. 


AN ORDINANCE granting to the Kentucky and Indiana 
Bridge and Railroad Company the right to construct and 
operate a railroad switch from a point of connection with 
the tracks of said company at Thirtieth street north of the 
first alley north of Bismarck avenue, extending thence in a 
northeasterly direction across Thirtieth street and into the 
property of the Jefferson. Wood Working Company, which 
is located on the east side of Thirtieth street, south of 
Grand avenue. 


Be ut ordained by the General Council of the city of Louisville: 


§ 1. The Kentucky and Indiana Bridge and Railroad 
Company is hereby granted the right to construct and maintain 
a switch, beginning at a point of connection with the tracks 
of said railroad company in Thirtieth street, north of the first 
alley north of Bismarck avenue, extending thence in a north- 
easterly direction across Thirtieth street and into the property 
of the Jefferson Wood Working Company, which is located on 
the east side of Thirtieth street and south of Grand avenue, and 
to operate or cause to be operated trains and cars over and along 
same. ‘This grant shall be terminable at the pleasure of the 
General Council, and the said track shall be subject to removal 
at any time at the direction of the General Council. 

§ 2. The work of constructing said track shall be done at 
the expense of the Kentucky and Indiana Bridge and Railway 
Company, under the supervision and according to the plans 
therefor of the Board of Public Works. The space between 


RAILROAD, 423 


the rails and for two feet on the outside thereof shall be kept in 
good repair at the exclusive cost of the said railroad company, 
on demand and under the supervision of the Board of Public 
Works. Before proceeding to construct the said track, so far as 
same shall lie along or across Thirtieth street, or before pro- 
ceeding to repair same after it has been constructed, the said 
railroad company shall obtain from the Board of Public 
‘Works of the city of Louisville a permit to do the work in ques- 
tion, specifying the place where said work is to be done, and the 
time when it expects to begin same. Such work of construction 
or repair shall be done under the supervision of an employe of 
the Board cf Public Works, to be designated by the said board, 
and the said railroad company shall pay the city of Louisville 
at the rate of three dollars per day for each day of nine hours 
spent by such employe in such supervision. 

§ 8. The said Kentucky and Indiana Bridge and Railroad 
Company shall indemnify and save harmless the city of Louis- 
ville against any claim for damages by any person by reason 
of the construction of said track, or the operation of cars there- 
on, or the failure to repair the said streets as aforesaid; and the 
acceptance of this ordinance by the construction of said track 
shall bind the said Kentucky and Indiana Bridge and Railroad 
Company, its successors and assigns, to the city of Louisville 
for the performance of each undertaking or provision of this 
ordinance. 

§ 4. Locomotives or cars shall not be permitted to stand in 
any of said streets or alleys longer than five minutes. 

§ 5. For the violation of any provision of this ordinance by 
the Kentucky and Indiana Bridge and Railroad Company, or 
any of its officers, agents or employes, said company shall be 
subject to a fine of not less than five dollars nor more than one 
hundred dollars for, each offense. 

§ 6. This ordinance shall take effect from its passage. 

Approved May 5, 1908. 


434 RAILROAD. 


RAILROAD. 


AN ORDINANCE granting to the Louisville Lighting Com- 
pany the right to construct and operate a railroad switch,. 
beginning at a point in the property of said company south 
of Magazine street, west of Fourteenth street and east of 
Fifteenth street, and extending thence in a southwestward- 
ly direction across the twenty-foot alley known as Esquire © 
alley, into the property owned by said company on the 
south side thereof. 


Be it ordained by the General Council of the city of Lowsville.. 


§ 1. The Louisville Lighting Company is hereby granted: 
the right to construct and maintain a railroad switch, begin- 
ning at a point in the property of said company south of Maga- 
zine street, west of Fourteenth street and east of Fifteenth street, 
and extending in a southwestwardly direction across the twenty- 
foot alley known as Esquire alley, into the property owned by 
said company on the south side thereof (said alley being in 
the block bounded by Magazine street on the north, by Broad- 
way on the south, by Fourteenth street on the east, and by Fif- 
teenth street on the west) ; and to operate or cause to be operated 
engines, trains and ears over and along same. This grant shall 
be terminable at any time at the pleasure of the General Council 
upon the recommendation of the Board of Public Works, and 
said track shall be subject to removal at any time upon the 
direction of said Council, upon recommendation of said board. 

§ 2. The work of constructing said track shall be done at 
the expense of the Louisville Lighting Company, under the su- 
pervision and according to the plans therefor of the Board of 
Public Works. The space between the rails and for two feet 
on: the outside thereof shall be kept in good repair and re- 
constructed from time to time at the exclusive cost of the said 
company, on demand and under the supervision of the Board 
of Public Works. Before proceeding to construct the said track, 
so far as same shall le along or across said alley, or before pro- 
ceeding to repair or reconstruct same after it has been con- 
structed, the said company shall obtain from the Board of Pub- 
he Works of the city of Louisville a permit to do the work in 
question, specifying the place where said work is to be done and. 
the time when it expects to begin same. Such work of construc- 
tion, reconstruction or repair shall be done under the super- 
vision of an emplove of the Board of Public Works, to be 


RAILROAD. 435 


designated by the said board, and the said company shall pay 
the city, of Louisville at the rate of three dollars per day for 
each day of nine hours spent by such employe in such super- 
vision. If the said alley should be reconstructed by the city of 
Louisville, the Louisville Lighting Company shall relay its 
track at its own expense so as to conform to said alley as re- 
constructed, and shall pay the cost of the reconstruction of 
that part of the alley between the rails and for two feet on the 
outside of each rail. 

§ 38. The said Louisville Lighting Company shall indem- 
nify and save harmless the city of Louisville against any claim 
for damages by any person by reason of the construction of said 
track or the operation of cars thereon, or the failure to repair 
the said streets as aforesaid; and the acceptance of this ordi- 
nance by the construction. of said track shall bind the said com-. 
pany, its successors and assigns, to the city of Louisville, for 
the performance of each undertaking or provision of this or- 
dinance. 

§ 4. Engines or cars shall not be permitted to stand in said 
alley longer than five minutes. 

o5. For the violation of any provision of this ordinance 
dy the Louisville Lighting Company, or any of its officers, 
agents or employes, s said company shall be subject to a fine of 
not less than five dollars nor more than one hundred dollars 
for each offense. 

§ 6. This ordinance shall take effect from its passage. 

Approved July 8, 1908. 


RAILROAD. 


AN ORDINANCE granting to the Pennsylvania Terminal 
Railway Company, its successors and assigns, the right to 
construct, maintain and operate a sidetrack across the 
alley between Clark and Twenty-fourth streets one hun- 
dred and forty (140) feet south of Maple street and parallel 
thereto, and also alley between Clark and Twenty-fourth 
streets one hundred and twenty (120) re west of Clark 
avenue and parallel thereto. 


Be it ordained by the General Council of the city of Louisville: 
§ 1. That the Pennsylvania Ternimal Railway Company 


is hereby granted the right to construct, maintain and operate 
a sidetrack across the alley between Clark and Twenty-fourth 


426 RAILROAD, 





streets one hundred and forty (140) feet south of Maple street 
and parallel thereto, and also the alley between Clark and 
Twenty-fourth streets one hundred and twenty (120) feet west. 
of Clark avenue and parallel thereto, said sidetrack to lead 
from the existing Arbegust-street track of the said Pennsylvania. 
Terminal Railway Company at a point eighty (80) feet west 
of the west line of Clark street and extending northwestwardly, 
and northwardly across the alleys hereinbefore mentioned, and. 
terminating at or near the south line of Maple street ten (10) 
feet east of the east line of Twenty-fourth street, as shown on 
the blue print attached hereto, and to operate or cause te be 
vperated, trains or cars over and along the same. ‘This ordi- 
nance shall be terminable by the General Council upon the 
recommendation of the Board of Public Works, and said side- 
track shall be subject to removal at any time at the direction of 
the General Council upon recommendation of said board. 

§ 2. The work of construction of said track shall be done 
at the expense of said Pennsylvania Terminal Railway Com- 
pany under the supervision and according to the plans to be 
approved by the Board of Public Works. The spaces between. 
the rails and for two feet on the outside thereof, over any pub- 
lic way over which said track passes, shall be kept in good re- 
pair and reconstructed from time to time at the exclusive cost 
of said Pennsylvania Terminal Railway Company on the de- 
mand and under the supervision of the said Board of Public 
Works. Before proceeding to construct the said track, so far 
as the same shall le in or across any public way, or to repair 
same after it has been constructed, the Pennsylvania Railway 
Terminal Company shall obtain from the Board of Public 
Works of the city of Louisville a permit to do the work in ques- 
tion, specifying the place where said work is to be done, and 
the time when the work is expected to begin. Such work of 
construction, reconstruction or repair shall be done under 
supervision of an employe of the Board. of Public Works. 
to be designated by the board, and the Pennsylvania Termi- 
nal Railway Company shall pay the Board of Public Works. 
at the rate of $3.00 per day for each day of nine hours spent. 
by said employe in such supervision. 

§ 3. The said Pennsylvania Terminal Railway Company 
shall indemnify and save harmless the city of Louisville against. 
any claim for damage to any person by reason of the construc- 
tion of said track or operation of cars thereon, or the failure to 
repair the said public ways as aforesaid, and the acceptance: 
of this ordinance by the construction of said track shall bind 
the said Pennsylvania Terminal Railway Company, its succes- 
sors and assigns, to the city of Louisville for the performance: 
of each undertaking or provision of this ordinance. 


RAILROAD, 4277 











S$ 4. Locomotives or cars shall not pass over said track at a. 
rate of speed exceeding eight (8) miles per hour, nor shall loco- 
motives or cars be permitted to stand in any street or public: 
way longer than five minutes. 

§_5. For the violation of any provision of this ordinance by 
the Pennsylvania Terminal Railway Company, or any of its. 
officers, agents or employes, said company shall be subject to a. 
fine of not less than twenty-five ($25.00) dollars, or more than 
one hundred ($100.00) dollars for each offense. 

§ 6. This ordinance shall take effect from and after its- 
passage. | 

Approved July 13, 1908. 


RAILROAD. 


AN ORDINANCE granting to the Kentucky & Indiana Bridge- 
and Railroad Company, its successors and assigns, the: 
right to construct, maintain and operate connecting rail- 
road tracks or switches and cars thereon. Track No. 1, be- 
ginning at a point 210 feet west of the west line of Thirty- 
second street, in a thirty-foot alley, between Missouri ave- 
nue and the Ohio river, and running thence in said alley,. 
west across Thirty-third, Thirty-fourth, Thirty-fifth, Thir-- 
ty-sixth and Thirty-seventh streets to a point directly in 
the west line of Thirty-seventh street. a total distance of two- 
thousand three hundred and eighty-five (2,385) feet; and. 
Track No. 2, beginning at a point on Track No. 1, in a. 
thirty-foot alley, directly in the west line of Thrity-fifth 
street and running thence west in said alley and parallel. 
with Track No. 1, across Thirty-sixth street to a point one 
hundred and thirty-three (133) feet east of the east line of 
Thirty-seventh street, and connecting with Track No. 1,. 
a total distance of seven hundred and ninety-five (795) 
feet. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the Kentucky & Indiana Bridge and Railroad. 
Company and its successors and assigns, be and is hereby 


43 RAILROAD. 


8) 





granted the right to construct, maintain and operate connect- 
ing railroad tracks or switches and cars thereon. ‘Track No. 1, 
beginning at a point two hundred and ten (210) feet west of 
the west line of Thirty-second street, in a thirty-foot alley, be- 
iween Missouri avenue and the Ohio river, and running thence 
in said alley west across Thirty-third, Thirty-fourth, Thirty- 
fifth, Thirty-sixth and Thirty-seventh streets to a point directly 
in the west line of Thirty-seventh street, a total distance of two 
thousand three hundred and eighty-five (2,385) feet; and 
- Track No. 2, beginning at a point on Track No. 1, ina thirty- 
foot alley between Missouri avenue and the Ohio river, directly 
in the west line of Thirty-fifth street and running thence west 
‘in said alley and parallel with Track No.1, across Thirty-sixth 
street to a point one hundred and thirty-three (133) feet east 
of the east line of Thirty-seventh street, and connecting with 
Track No. 1, a total distance of seven hundred and ninety-five 
(795) feet, as per map attached. This grant shall be termina- 
ble by the General Council upon the recommendation of the 
Board of Public Works, and said track shall be subject to re- 
moval at any time at the direction of the Council, upon recom- 
mendation of said board. 


§ 2. The work of constructing said tracks shall be done at 
the expense of said Kentucky & Indiana Bridge and Railroad 
Company, under the supervision and according to the plans 
therefor of the Board of Public Works. The space between 
the rails and for two feet on the outside thereof of any public 
way over which said tracks pass shall be kept in good repair 
and reconstructed from time to time at the exclusive cost of 

said Kentucky & Indiana Bridge and Railroad Company, on 
the demand and under the supervision of said Board of Public 
Works. Before proceeding to construct the said tracks so far as 
the same lie along or across any public way, or to repair or 
reconstruct same after it has been constructed, the Kentucky 
«& Indiana Bridge and Railroad Company shall obtain from 
the Board of Public Works of the city of Louisville a permit to 
do the work in question, specifying the place where said work 
is to be done and the time when it is expected to begin the same. 
Such work of construction, reconstruction or repairs shall be 
done under the supervision of an employe of the Board of Pub- 
lic Works, to be designated by the board, and the Kentucky 
& Indiana Bridge and Railroad Company ‘shall pay the Board 
of Public Works at the rate of three ($3.00) dollars per day 
for each day of nine hours spent by said employe in such super- 
vision. 

§ 3..-The said Kentucky & Indiana Bridge and Railroad 
Company shall indemnify and save harmless the city of Louis- 
ville against any claim for damages to any person by reason 


RAILROAD. 439 


—- 





of the construction of said tracks or the operation of cars- 
thereon, or the failure to repair the pavement of said public 
ways as aforesaid, and the acceptance of this ordinance by the 
construction of said tracks shall bind the Kentucky & Indiana 
Bridge and Railroad Company, its successors and assigns, to. 
the city of Louisville for performance of each condition or 
provision of this ordinance. 

§ 4. Locomotives or cars shall not pass over said eth at 
a rate of speed exceeding eight miles per hour, nor shall loco-- 
motives or cars be permitted to stand in any street longer than 
five minutes. 

§ 5. For violation of any provision of this ordinance by 
the Kentucky & Indiana Bridge and Railroad Company, or 
any of its officers, agents or employes, said company shall be 
subject to a fine of not less than $25.00 nor more than $100.00 
for each offense. 

§ 6. This ordinance shall take effect from and after its. 
passage. 

Approved August 22, 1908. 


RAILROAD. 


AN ORDINANCE granting to the Kentucky & Indiana Bridge 
and Railroad Company the right to construct, operate and: 
maintain a railroad switch from a point of connection with 
the tracks of said company on Magnolia avenue, said 
switch to run (west) parallel with the track for such @ 
distance as is necessary, stopping at the corner of the prop- 
erty of the Southern Veneer Company, at Magnolia avenue: 
and Twenty-first street. 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. The Kentucky & Indiana Bridge and Railroad Com- 
pany is hereby granted the right to construct, operate and 
maintain a railroad switch, beginning at a point of connection 
with the tracks of said railroad company on Magnolia avenue, 
west toward Twenty-first street, just outside the property line 
of the Southern Veneer Company, which is located south of 
Magnolia and west of Twenty-first street, and to operate or 
cause to be operated trains and cars over and along same. This. 
grant shall be terminable at the pleasure of the General Council, 


A440 RAILROAD. 


upon recommendation of the Board of Public Works, and the 
said track shall be subject to removal at any time at the dis- 
cretion of the General Council upon recommendation of the 
Board of Public Works. 

§ 2. The work of constructing said track shall be done at 
the expense of the Kentucky & Indiana Bridge and Railroad 
‘Company, under the supervision and according to the plans to 
be approved by the Board of Public Works. The space bettveen 
the rails and for two feet on the outside thereof shall be kept 
in good repair at the exclusive cost of the said railroad com- 
pany, on demand and under the supervision of the Board of 
Public Works. Before proceeding to construct the said track, 
‘so far as same shall lie along or across Magnolia avenue, or be- 
fore proceeding to repair same after it has been constructed, 
the said railroad company shall obtain from the Board of Pub- 
lic Works of the city of Louisville a permit to do the work in 
‘question, specifying the place where said work is to be done and 
the time when it expects to begin same. Such work of con- 
struction, reconstruction or repair shall be done under the 
supervision of an employe of the Board of Public Works, to be 
‘designated by the said board, and the said railroad company 
shall pay the city of Louisville at the rate of three dollars per 
day for each day of nine hours spent by such employe in such 
supervision. 

§ 3. The said Kentucky & Indiana Bridge and Railroaa 
Company shall indemnify and save harmless the city of Louis- 
ville against any claim for damages by any person by reason of 
the construction of said track, or the operation of cars thereon, 
or the failure to repair the said public ways as aforesaid; and 
the acceptance of this ordinance by the construction of said 
track shall bind the said Kentucky & Indiana Bridge and Rail- 
road Company, its successors and assigns, to the city of Louis- 
ville for the performance of each undertaking or provision of 
this ordinance. 

§ 4. Locomotives or cars shall not be permitted to stand 
in any of said streets or alleys longer than five minutes, nor 
pass over said track at a rate of speed exceeding eight (8) miles 
per hour. 

§ 5. For the violation of any provision of this ordinance 
by the Kentucky & Indiana Bridge and Railroad Company, or 
any of its officers, agents or employes, said company shall be 
subject to a fine of not less than twenty-five nor more than one 
hundred dollars for each offense. 

§ 6. This ordinance shall take effect from its passage. 

Approved September 17, 1908. 


RAILROAD, 44t 


RAILROAD. 


AN ORDINANCE granting to the Louisville & Nashville Rail- 
road Company, its successors and assigns, the right to con- 
struct, maintain and operate a sidetrack, for railroad use, 
across the alley, which runs parallel to Lee street, and be- 
tween Lee and Bloom streets and Floyd and Brook streets, 
in the city of Louisville, Ky., at the point where the west 
line of the Louisville & Nashville Railroad Company’s 
right of way crosses the said alley. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. The Louisville & Nashville Railway Company is here- 
by granted the right to construct, maintain and operate a side- 
track for the railroad’s use, across the alley which runs east and 
west between Floyd and Brook streets and between Lee and 
Bloom streets, in the city of Louisville, Ky., at the point where 
the west line of the Louisville & Nashville Railroad Com- 
pany’s right of way intersects the said alley, said sidetrack to 
lead from the existing sidetrack, which runs from the north 
line of Bloom street to the said alley, and to extend thence 
northwardly across the said alley and over the property of 
Frank Alford and William J. Riedling, to a point south of 
Lee street, as shown on the blue print attached hereto, and to 
operate, or cause to be operated, trains or cars over and along 
the same. This ordinance shall be terminable by the General 
Council upon the recommendation of the Board of Public 
Works, and said sidetrack shall be subject to removal at any 
time at the direction of the General Council upon recommenda- 
tion of the Board of Public Works. 

§ 2. The work of construction of said track shall be done 
at the expense of said Louisville & Nashville Railroad Com- 
pany under the supervision and according to the plans to be 
approved by the Board of Public Works. The spaces between 
the rails and for two feet on the outside thereof, over any pub- 
lie way over which said track passes, shall be kept in good re- 
pair and reconstructed from time to time at the exclusive cost 
of said Louisville & Nashville Railroad Company on the de- 
mand and under the supervision of the said Board: of Public 
Works. Before proceeding to construct the said track, so far 
as the same shall lie in or across any public way, or to repair 
same after it has been constructed, the Louisville & Nashville 


4492 RAILROAD. 


Railroad Company shall obtain from the Board of Public 
Works of the city of Louisville a permit to do the work in 
question, specifying the place where said work is to be done, and 
the time when the work is expected to begin. Such work of 
construction, reconstruction or repair shall be done under the 
supervision of an employe of the Board of Public Works to be 
designated by the board, and the Louisville & Nashville Rail- 
road Company shall pay the Board of Public Works at the rate 
of $3.00 per day for each day of nine hours spent by said em- 
ploye in such supervision . 

§ 3. The said Louisville & Nashville Railroad Company 
shall indemnify and save harmless the city of Louisville against 
any claim for damage to any person by reason of the construc- 
tion of said track or operation of cars thereon, or the failure 
to repair the said public ways as aforesaid, and the acceptance 
of this ordinance by the construction of said track shall bind 
the said Louisville & Nashville Railroad Company, its suc- 
cessors and assigns to the city of Louisville for the performance 
of each undertaking of this ordinance. 

§ 4. Locomotives or cars shall not pass over said track at a 
rate of speed exceeding eight (8) miles per hour, nor shall lo- 
comotives or cars be permitted to stand in any street or publie 
way longer than five minutes. 

§ 5. For the violation of any provision of this ordinance 
by the Louisville & Nashville Railroad Company, or any of its 
officers, agents or employes, said company shall be subject to a 
fine of not less than twenty-five ($25.00) dollars or more than 
one hundred ($100.00) dollars for each offense. 

§ 6. This ordinance shall take effect from and after its 
passage. 

Approved October 12, 1908. 


RAILROAD. 443 


RAILROAD. 


AN ORDINANCE granting to the Pennsylvania Railroad 
Company the right to construct, operate and maintain a 
railroad switch from a point of connection with the tracks 
of said company on Twenty-fourth street and Midway 
avenue and Maple and Howard, said switch to run (west) 
parallel with the track for such a distance as is necessary, 
stopping at the corner of Midway avenue and Howard 
street. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. The Pennsylvania Railroad Company is herebygranted 
the right to construct, operate and maintain a railroad switch, 
beginning at a point of connection with the tracks of said rail- 
road company at Midway avenue and Howard street. 

This grant shall be terminable at the pleasure of the General 
Council upon recommendation of the Board of Public Works, 
and the said track shall be subject to removal at any time at the 
direction of the General Council upon recommendation of the 
Board of Public Works. 

§ 2. The work of constructing said track shall be done at 
the expense of the Pennsylvania Railroad Company, under the 
supervision and according to the plans to be approved by the 
Board of Public Works. ‘The space between the rails and for 
two feet on the outside thereof shall be kept in good repair at 
the exclusive cost of the said railroad company on demand 
and under the supervision of the Board of Public Works. Be- 
fore proceeding to construct the said track, so far as same shall 
he along or across Midway avenue, or before proceeding to re- 
pair same after it has been constructed, the said railroad com- 
pany shall obtain from the Board of Public Works of the city 
of Louisville a permit to do the work in question, specifying 
the place where said work is to be done and the time when it 
expecis to begin same. Such work of construction, reconstruc- 
tion or repair shall be done under the supervision of an em- 
ploye of the Board of Public Works, to be designated by the 
said board, and the said railroad company shall pay the city 
of Louisville at the rate of $3 per day for each day of nine 
hours spent by such employe in such supervision. 

§ 5. The said Pennsylvania Railroad Company shall in- 
demnify and save harmless the city of Louisville against any 
claim for damages by any person by reason of the construction 


444 RAILROAD. 





RAILROAD. 


of said track, or the operation of cars thereon, or the failure to 
repair the said public ways as aforesaid; and the acceptance 
of this ordinance by the construction of said track shall bind 
the said Pennsylvania Railroad Company, its successors and 
assigns, to the city of Louisville for the performance of each un- 
dertaking or provision of this ordinance. 

§ 4. Locomotives or cars shall not be permitted to stand in 
any of said streets or alleys longer than five minutes, nor pass 
over said track at a rate of speed exceeding eight (8) miles per 
hour. 

§ 5. For the violation of any provision of this ordinance 
by the Pennsylvania Railroad Company or any of its officers, 
agents or employes, said company shall be subject to a fine not 
less than twenty-five nor more than one hundred dollars for 
each offense. 

§ 6. This ordinance shall take effect from its passage. 

Approved January 25, 1909. 


RAILROAD. 


AN ORDINANCE granting to the Southern Railway Company 
in Kentucky, its successors and assigns, the tight to con- 
struct, maintain and operate a sidetrack across Davies ave- 
nue from the present sidetrack No. 2 of the said Southern 
Railway Company in Kentucky across said avenue into 
the property leased by H. A. McCowen & Co. 


Be it ordained by the General Cowneil of the city of Louisville: 


§ 1. That the Southern Railway Company in Kentucky is 
hereby granted the right to construct, maintain and operate a 
sidetrack across Davies avenue in the city of Louisville, said 
track to lead from the existing sidetrack No. 2 of the said 
Southern Railway Company in Kentucky at a point about 
eighty (80) feet from Mix avenue, and extending into the 
property leased by H. A. McCowen & Co. seven hundred and. 
seventy (770) feet as shown by the blue print attached hereto, 
and to operate or cause to be operated, trains or cars over and 
along the same. This ordinance shall be terminable by the 
General Council upon the recommendation of the Board of 


RAILROAD. 445 


Public Works, and said sidetrack shall be subject to remoyal 
at any time at the direction of the General Council upon 
recommendation of said board. 

§ 2. The work of construction of said track shall be done 
at the expense of the said Southern Railway Company in 
Kentucky, under the supervision and according to the plans to 
be approved by the Board of Public Works. The spaces be- 
tween the rails and for two feet on the outside thereof, over 
any public way over which said track passes, shall be kept in 
_ good repair and reconstructed from time to time to the exclu- 
Sive cost of said Southern Railway Company in Kentucky on 
the demand and under the supervision of the Board of Public 
Works. Before proceeding to construct the said track, so far 
as the same shall le in or across any public way, or to repair 
same after it has been constructed, the Southern Railway Com- 
pany in Kentucky shall obtain from the Board of Public Works 
of the city of Louisville a permit to do the work in question, 
‘specifying the place where said work is to be done, and the 
time when the work is expected to begin. Such work of con- 
struction, or repair, shall be done under the supervision of an 
employe of the Board of Public Works to be designated by the 
board, and the Southern Railway Company in Kentucky shall 
pay the Board of Public Works at the rate of $— per day for 
each day of nine hours spent by said employe in such super- 
vision. 

§ 3. The said Southern Railway Company in Kentucky 
shall indemnify and save harmless the city of Louisville against 
any claim for damages to any person by reason of the construc- 
tion of said track or operation of cars thereon, or the failure to 
repair the said public ways as aforesaid, and the acceptance of 
this ordinance by the construction of said track shall bind the 
said Southern Railway Company in Kentucky, its successors 
and assigns, to the city of Louisville for the performance of each 
undertaking or provision of this ordinance. 

§ 4. Locomotives or cars shall not pass over said track at 
a rate of speed exceeding eight (8) miles per hour, nor shall 
locomotives or cars be permitted to stand in any street or public 
way longer than five minutes. 

§ 5. For the violation of any provision of this ordinance 
by the Southern Railway Company in Kentucky, or any of its 
officials, agents or employes, said company shall be subject to a 
fine of not less than twenty-five ($25.00) dollars or more than 
one hundred ($100.00) dollars for each offense. 

§ 6. This ordinance shall take effect from and after its pas- 
sage. 

Approved March 2, 1909. 


4 AG RAILROAD. 


RAILROAD. 


AN ORDINANCE egeranting to the Pennsylvania Terminal 
Company the right to construct, maintain and operate a 
sidetrack or switch across the alley running north and 
south between Twenty-fourth street and Midway avenue, 
and extending from the first alley north of Howard street 
to the first alley south of Maple street, said sidetrack to ex- 
tend from the west line of Twenty-fourth street to the east 
line of Midway avenue and on the south side of the existing 
tracks of the Pennsylvania Terminal Railway Company, 
as shown on blue print attached hereto. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the Pennsylvania Terminal Railway Company 
be and is hereby granted the right to construct, maintain and 
operate a sidetrack or switch across the alley running north and 
south between ‘l'wenty-fourth street and Midway avenue, and 
extending from the first alley north of Howard street to the 
first alley south of Maple street. Said sidetrack to extend from 
the west line of Twenty-fourth street to the east line of Midway 
avenue, and on the south side of the existing tracks of the Penn- 
sylvania Terminal Railway Company. 

§ 2. The work of constructing said track shall be done un- 
der the supervision of the Board of Public Works, and said track 
shall be subject to removal at any time at the direction of the 
General Council or Board of Public Works. The spaces be- 
tween the rails and for two feet on the outside thereof shall be 
kept in good repair at the exclusive cost of said company on the 
demand and under the supervision of said board. 

§ 3. That said company shall indemnify and hold harmless 
the city of Louisville against any claim for damage by any per- 
son by reason of the construction, failure to repair said alley 
as aforesaid, or the operation of the cars on said track, and the 
“acceptance of this ordinance by the construction of said track 
shall bind said Pennsylvania Terminal Railway Company, its 
successors and assigns, to the city of Louisville for the perform- 
ance of each undertaking or provision of this ordinance. 

§ 4. That cars or trains shall not pass over said track at a 
rate of speed exceeding six miles per hour, nor shall locomotives 
or cars be permitted to stand across or in said alley, except so 
long as may be necessary for switching purposes on said track 


RAILROAD. 447 


§ 5. Said Pennsylvania Terminal Railway Company, its 
successors and assigns, by accepting this ordinance, agrees to re- 
ceive and exchange from all railroads, cars to and from said 
switch at the usual trackage charge. 

§ 6. That for a violation of any provision of this ordinance 
by said Pennsylvania Terminal Railway Company, or any of 
its officers, agents or employes, said company shall be subject to 
a fine of not less than $25.00 nor more than $100.00 for each 
offense. 

§ 7. That this ordinance shall take effect from and after 
its passage. 

Approved March 8, 1909. 


RAILROAD. 


AN ORDINANCE for the purpose of removing the trestles of 
the Kentucky & Indiana Bridge and Railroad Company 
from Marine avenue (sometimes called Marine street), be- 
tween Twenty-sixth and Twenty-ninth streets, and mak- 
ing suitable provision therefor by narrowing Twenty- 
seventh street, Twenty-eigth street and Marine avenue, 
and closing a certain part of Twenty-ninth street. 


The Kentucky & Indiana Bridge and Railroad Company 
(hereinafter called the Bridge Company) has trestles in Marine 
avenue (sometimes called Marine street), beginning at T'wenty- 
ninth street and running to point east of Twenty-sixth street, 
such trestles having been built by a predecessor company called 
the Kentucky & Indiana Bridge Company, under authority of 
an ordinance of the city of Louisville, approved November 23, 
1885. 

The Bridge Company has acquired all the property on the 
north side of Marine avenue, between T'wenty-seventh and 
Twenty-ninth streets. It has also acquired certain property on 
the north side of Marine avenue, east of T'wenty-seventh street. 
It proposes to build an embankment upon the property so ac- 
quired by it, the slope in Twenty-seventh and Twenty-eighth 
streets being so arranged as to come to the present grade of 
Twenty-seventh and T'wenty-eighth streets te the south at about 
the north line of Marine avenue, and to the north at about 85 
feet north of.the north line of Marine avenue (the said north 
line herein referred to being the north line of Marine avenue, 
as narrowed by the terms of this ordinance), and with openings 


448 RAILROAD. 


twenty (20) feet wide in Twenty-seventh and Twenty-eighth 
streets. 


Be it ordained by the General Council of the city of Lowsville> 


§ 1. That ‘Marine avenue, between ‘l'wenty-eighth and 
Twenty-ninth streets, shall be narrowed so that in lieu of its 
present width of 99 feet its width shall hereafter be 50 feet; 
such 50 feet being the central strip of the 99 feet. 

§ 2. That Twenty-eighth street shall be likewise narrowed 
in the same way from 99 feet to 50 feet, from Rudd avenue to 
Marine street. 

§ 3. That Twenty-ninth street, from Rudd avenue to Ma- 
rine street, shall be closed. 

S 4. That the Bridge Company is authorized to construct its 
said embankment and to lay and maintain thereon a railroad 
track or tracks for the purpose of the operation of cars, across 
T'wenty-seventh and Twenty-eighth streets, leaving, however, 
in the center of T'wenty-seventh street and Twenty-eighth 
street an opening, or underpass, 20 feet in width; the southern 
edge or toe of the fill in Marine avenue, beginning on the west 
line of Twenty-sixth street, a space of 25 feet south of the north 
line of Marine street, and running to nothing 210 feet west of 
the west line of ‘Twenty-seventh street. The Bridge Company 
shall properly drain Marine avenue south of its embankment 
into the sewer north of Marine avenue. 

§ 5. That when the said embankment shall be sufficiently 
solid to bear the weight of trains, and within two years from the 
date of this ordinance, the Bridge Company shall remove its 
trestles from Marine avenue between Twenty-ninth and Twen- 
ty-seventh streets and east of Twenty-seventh street where the 
construction of such embankment shall have taken the place 
of the said trestles in the operation of the said road. If any part 
of said trestles shall remain in said portions of Marine avenue 
after two years from the approval of this ordinance, it shall be 
deemed an unlawful obstruction and a nuisance. 


§ 6. That when the said trestles are removed from Marine 
avenue the Bridge Company shall restore the surface of the 
street to a firm and even condition for travel by vehicles, but 
shall not be required to pave or otherwise improte the same. 
Until said trestles are removed from Marine avenue, between - 
Twenty-eighth and Twenty-ninth streets, and the surface there- 
of restored as herein provided, that portion of said square be- 
tween said trestles and a line 12 feet south of the present north 
line of Marine avenue shall remain in its present condition 
and the public shall have a right of way over it as now enjoyed. 

§ 7. That when the change has been mads as above the 


RAILROAD. 44 


right of the Bridge Company to use Marine avenue from Twen- 
ty-sixth street to T'wenty-ninth street shall cease, save in so far 
as the Bridge Company’s embankment is allowed py Section 4 
hereof to occupy a part of Marine street from 'Twenty-sixth. 
street to a point of 210 feet west of Twenty-seventh street. 

§ 8. The City Attorney is requested to take all necessary 
steps to carry out the provisions of this ordinance and to» 
effectuate the narrowing and closing of the streets herein men- 
tioned. 

S 9. This ordinance shall take effect from its passage. 

Approved May 26, 1909. 


RAILROAD. 


AN ORDINANCE granting to the Louisville & Nashville Rail-- 
road Company the right to construct, operate and maintain 
a railroad switch from a point of connection with the 
tracks of said company east of the first alley east of Logan 
street and between Kentucky street and East St. Catherine 
street; thence across said alley in a diagonal direction to- 
the first alley south of Kentucky street and between Logan. 
street and the first alley east of Logan street; thence into» 
the property of the Frey Planing Mill Company. 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. The Louisville & Nashville Railroad Company is here- 
by granted the right to construct, operate and maintain a rail- 
road switch, beginning at a point of connection with the tracks: 
of said company east of the first alley east of Logan street and 
between Kentucky street and East St. Catherine street; thence: 
across said alley in a diagonal direction to the first alley south of 
Kentucky street and between Logan street and the first alley 
east of Logan street; thence into the property of the Frey Plan- 
ing Mill Company, ‘as shown by the red line on the attached 
blue print. This grant shall be terminable at the pleasure of 
the General Council upon recommendation of the Board of 
Public Works, and the said track shall be subject to removal 
at any time at ‘the direction of the General Council upon recom- 
mendation of the Board of Public Works. 

§ 2. The work of constructing said track shall be done at. 
the expense of the Louisville & Nashville Railroad Company, 


450 RAILROAD. 


under the supervision and according to the plans to be ap- 
‘proved by the Board of Public Works. ‘The space between 
the rails and for two feet on the outside thereof shall be kept 
in good repair at the exclusive cost of the said railroad com- 
‘pany, on demand and under the supervision of the Board of 
Public Works. Before proceeding to construct the said track, 
so far as same shall he along or across the first alley east of 
Logan street and between Kentucky and St. Catherine streets, 
-or before proceeding to repair same after it has been constructed, 
the said railroad company shall obtain from the Board of Pub- 
lic Works of the city of Louisville a permit to do the work in 
question, specifying the place where said work is to be done and 
‘the time when it expects to begin same. Such work of con- 
struction, reconstruction or repair, shall be done under the su- 
‘pervision of an employe of the Board of Public Works, to be 
designated by the said board, and said railroad company shall 
pay the city of Louisville at the rate of $3 per day for each day 
of nine hours spent by such employe in such supervision. 

§ 3. The said Louisville & Nashville Railroad Company 
shall indemnify and save harmless the city of Louisville against 
any claims for damages by any person by reason of the con- 
struction of said track, or the operation of cars thereon, or the 
failure to repair the said public ways as aforesaid; and the ac- 
-ceptance of this ordinance by the construction of said track 
shall bind the said Louisville & Nashville Railroad Company, 
‘its successors and assigns, to the city of Louisville, for the per- 
formance of each undertaking or provision of this ordinance. 

§ 4. The foregoing switch shall not be constructed until a 
‘permit therefor shall have first been obtained from the Board of 
Public Works. Such permit shall not be granted by the Board 
-of Public Works until the Louisville & Nashville Railroad Com- 
pany shall first have deposited with the City Treasurer a sum of 
‘money sufficient according to estimate of the Board of Public 
Works to pay for the construction of a 15-inch pipe sewer 
from the point where said switch crosses the alley mentioned 
in Section 1 to the sewers in St. Catherine street, including the 
cost of two catch basins, said sewer and catch basins being 
necessary to drain the alley after the construction of the switch. 

§ 5. Locomotives or cars shall not be permitted to stand in 
any of said streets or alleys longer than five minutes, nor pass 
a er said track at a rate of speed exceeding eight (8) ‘miles per 

our. 

§ 6. For the violation of any provision of this ordinance by 
‘the Louisville & Nashville Railroad Company, or any of its offi- 
cers, agents or emploves, said company shall be subject to a fine ~ 
of not less than twenty-five nor more than one hundred dollars 
for each offense. 


RAILROAD, 


iS 
Ol 


§ 7. This ordinance shall take effect from its passage. 
Approved June 29, 1909. 


RAILROAD. 


AN ORDINANCE granting to the Kentucky & Indiana Bridge 
and Railroad Company the right to construct and operate 
a single or double track from the point of intersection with 
said company’s track north of Dumesnil street, east of 
Beech street and west of what would be Hemlock street, 
if extended, extending in a southwestwardly direction 
along and diagonally across Dumesnil street, and across 
Beech street at or near the point of its intersection with 
Dumesnil street; thence in a southwestwardly direction 
across a fourteen-foot alley west of Beech street and south 
of Dumesnil street; thence, in the same general direction, 
across the intersection of Forrest avenue and Hazel street: 


thence crossing an alley between Forrest avenue and. 


Woodland avenue and Hazel street and Thirty-second. 
street; thence, in the same general direction, crossing 
Thirty-second street at or near its intersection with Wood- 
land avenue; thence westwardly along Woodland avenue 
to the city limits, in lieu of the right heretofore granted. 
to said company by ordinance approved March 2, 1908. 


Be it ordained by the General Council of the city of Lowisville > 


§ 1. The Kentucky and Indiana Bridge and Railroad Com- 
pany is hereby granted the right to construct the maintain 
a single or double track, beginning at a point of intersection 
with the tracks of said company north of Dumesnil street, east 
of Beech street and west of what would be Hemlock street, if 
extended, and extending in a southwestwardly direction along 
and diagonally across Dumesnil street and diagonally across 
Beech street, at or near the point of its intersection: witi: 
Dumesnil street ; thence, in a southwestwardly direction, across. 
a fourteen-foot alley west of Beech street and south of Dumes— 


452 RAILROAD. 





nil street; thence, in the same general direction across the 
intersection of Forrest avenue and Hazel street; thence cross- 
ang an alley between Forrest avenue and Woodland avenue and 
Hazel street and Thirty-second street; thence, in the same gen- 
eral direction, crossing Thirty-second street at or near its in- 
‘tersection with Woodland avenue; thence westwardly along 
Woodland avenue to the city limits, and across all interven- 
ing streets and alleys which may exist between the points 
nnamed, as shown on blue print attached hereto; and to operate, 
or cause to be operated, trains and ears over and along same. 
“This grant shall be terminable at the pleasure of the Gen- 
eral Council, and said track shall be subject to removal at 
any time at the direction of the General Couneil. 

§ 2. The work of constructing said track shall be done at 
‘the expense of said Kentucky & Indiana Bridge and Railroad 
Company, under the supervision of the Board of Public Works. 
‘The construction, reconstruction, maintenance and repair of 
‘said track shall be done in such manner as not to interfere 
with the drainage of any of the public ways across or in 
‘which the said track shall lie, and the said Kentucky & In- 
diana Bridge and Railroad Company shall at all times at its 
own expense install and maintain and keep free and clear such 
culverts or pipes beneath its track as the Board of Public 
“Works shall direct ,to the end that the existence of said track 
-shall not in any manner impair the drainage in any of the pub- 
‘lic ways mentioned in Section 1 of this ordinance. The spaces 
between the outermost rails and for two feet on the outside 
‘thereof shall be kept in good repair, at the exclusive cost of 
‘said Kentucky & Indiana Bridge and Railroad Company, on 
‘the demand and under the supervision of said Board of Pub- 
‘ic Works, and whenever said board shall require it, said 
-spaces shall be constructed and from time to time reconstructed 
when and of such material as said Board shall prescribe. Be- 
‘fore proceeding to construct the said track so far as the same 
shall lie along or across puble streets or alleys the Kentucky 
& Indiana Bridge and Railroad Company shall first obtain the 
approval of the Chief Engineer to the detail plans therefor 
and a permit from the Board of Public Works of the city of 
‘Louisville to do the work in question, and before proceeding 
at any time to reconstruct or repair such parts of said track, 
the said company shall also obtain a permit from said board. 
‘Such permit shall specify the time when the work is to be 
begun and the probable number of days for its completion. If 
‘the Board of Public Works shall so direct, such work shall be 
done under the supervision of an employe of said board to 
sbe designated by it, and the Kentucky & Indiana Bridge and 


RAILROAD. 453 


Railroad Company shall pay the city of Louisville at the rate 
of three dollars per day for the time spent by such employe 
in such supervision. The Board of Pubic Works shall have 
the right before issuing any permit under this section to 
require the Kentucky & Indiana.Bridge and Railroad Company 
to deposit with the City Treasurer a sum sufficient to cover this 
cost of supervision for the length of time stated in the permit 
as the probable duration of the work. 

§ 3. The said Kentucky & Indiana Bridge and Railroad Com- 
pany shall indemnify and save harmless the city of Louisville 
against any claim for damages by any person by reason of 
the construction of said track, or the operation of cars thereon, 
or the failure to repair the said public ways as aforesaid; and 
the acceptance of this ordinance by the construction of said 
track shall bind the said Kentucky & Indiana Bridge and Rail- 
road Company, its successors and assigns, to the city of Louis- 
ville for the performances of each undertaking or provision of 
this ordinance. 

§ 4. Locomotives or cars shall not be permitted to stand 
in any of said streets or alleys longer than five minutes. 

§ 5. Said Kentucky & Indiana Bridge and Railroad Com- 

pany by accepting this ordinance, hereby agrees that it and 
its successors and assigns will at all times receive and ex- 
change from all railroads cars to and from said switch at the 
usual trackage charge. 
_ § 6. For the violation of any provision of this ordinance 
by the Kentucky & Indiana Bridge and Railroad Company, or 
any of its officers, agents or employes, said company shall be 
subject to a fine of not less than five dollars nor more than 
one hundred dollars for each offense. 

§ 7. The ordinance approved March 2, 1908, and entitled 
““An ordinance granting to the Kentucky & Indiana Bridge 
and Railroad Company the right to construct and operate a 
single or double track from the point of intersection with said 
company’s track north of Dumesnil street, east of Beech street 
and west of what would be Hemlock street, if extended, ex- 
tending in a southwestwardly direction along and diagonally 
across Dumesnil street and across Beech street at or near the 
point of its intersection with Damesnil street ; thence in a south- 
westwardly direction across a fourteen-foot alley west of Beech 
street and south of Dumesnil street ; thence in the same general 
direction across Hazel street; thence westwardly along Forrest 
avenue across Thirty-second street and to the city limits, and 
across all intervening streets and alleys which may exist,’’ and 
all ordinances and parts of ordinances in conflict herewith are 
hereby repealed. 


454 RAILROAD. 





§ 8. This ordinance shall take effect from its passage. 
Approved July 9, 1909. 


RAILROAD. 


AN ORDINANCE granting to the Louisville Bridge Company 
‘the right to construct, maintain and operate a track or 
switch across Fourteenth street, between Market and 
Jefferson streets, into the property of Jacob Zinsmeister & 
Brother, as shown on blue print attached hereto. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the Louisville Bridge Company be and it is here- 
by granted the right to construct, maintain and operate a track 
or switch across Fourteenth street, between Market and Jeffer- 
son streets, from a point one hundred and forty-three feet 
south of the south line of Market street, thence across Four- 
teenth street and Congress alley, in a southwesterly direction 
to and across the sidewalk on the west side of Fourteenth 
street, at a point about two hundred feet north of Jefferson 
street, into the property of Jacob Zinsmeister & Brother, as 
shown on blue print attached hereto, for the purpose of load- 
ing and unloading freight at the plant on said property, with 
the right to operate or cause to be operated cars over and 
along said track. 

§ 2. The work of constructing said track shall be done un- 
der the supervision of the Board of Publie Works in such man- 
ner as not to interfere with the gutter drainage of either 
Fourteenth street or Congress alley, which the Bridge Com- 
pany shall always keep free at its cost, and said track shall 
be subject to removal at any time at the direction of the Gen- 
eral Council or Board of Public Works. The spaces between 
the rails and for two feet on the outside thereof shall be al- — 
ways kept in good repair at the exclusive cost of said com- 
pany on the demand and under the supervision of said board, 
and whenever said board shall require it said spaces shall be 
constructed and from time to time reconstructed when, and of 
such material as, said board shall prescribe. 


§ 3. Before proceeding to construct any part of said track 
in the public way the Bridge Company shall first obtain the 
approval of the Chief Engineer of the city of Louisville to the 
detail plans therefor and a permit from the Board of Publie 


RAILROAD. 455 


Works to proceed, and before proceeding at any time to 
reconstruct or repair such parts of said track the Bridge Com- 
pany shall obtain a like permit. Such permit shall specify 
the time when the work is to be begun and the probable num- 
ber of days for its completion. Such work shall be done un- 
der the supervision or an employe of the Board of Public Works 
of the city of Louisville to be designated by said board, and 
the Bridge Company shall pay the city of Louisville at the 
rate of $3.00 per day for the time spent by such employe in 
such supervision. Before any permit is issued under this sec- 
tion the Bridge Company shall deposit with the City Treasurer 
a sum sufficient to cover this cost of supervision for the length 
of time stated in the permit as ‘the probable duration of the 
work. 

§ The Bridge Company shall indemnify and hold harm- 
less the city of Louisville against any claim for damages by 
any person by reason of the construction of said track, or the 
failure to repair the public ways as aforesaid, or the operation 
of the cars on said track; and the acceptance of this ordinance 
by the construction of said track shall bind said Louisville 
Bridge Company, its successors and assigns to the city of 
Louisville for the performance of each undertaking or provi- 
sion of this ordinance. 

§ 5. No ear, locomotive or train shall pass over said track 
at a rate of speed exceeding six miles per hour, nor shall any 
locomotive or car be permitted to stand upon said switch, 
across or in the public way longer than five minutes. 

§ 6. Said Louisville Bridge Company, its successors and 
assigns by accepting this ordinance agrees to receive and ex- 
change from all railroads, cars to and from said switch at 
the usual trackage charge. 

§ 7. For a violation of any provision of this ordinance by 
said Louisville Bridge Company or its successors, or any of 
its or their officers, agents or employes, said company or its 
successors shall be subject to a fine of not less than $25.00 
nor more than $100.00 for each offense. 

§ 8. That this ordinance shall take effect from and after its 
passage. 

Approved July 12, 1909. 


A456 RAILROAD. 


RAILROAD. 


AN ORDINANCE granting to the Louisville & Nashville Rail- 
road Company the right to construct and operate a siding 
over its right of way in Fourteenth street, beginning at @ 
point thirty-eight (38) feet south of the south line of 
an alley between Oak street and Dumesnil street and 
diverging from the Central Railway, Transfer and Storage 
Company’s maintrack, with a curve of about three hun- 
dred and sixty (360) feet radius to the left and running 
in a northwestwardly direction across a portion of Four- 
teenth street and an alley on to the property of Tischen- 
derf-Chreste Lumber Company. 


Be vt ordained by the General Council of the city of Louisville: 


§ 1. That the Louisville & Nashville Railroad Company is 
hereby granted the right to construct, maintain and operate a 
siding connecting with and running over its tracks in Four- 
tennth street, south of Oak street. 

A side track, having connection with the Central Railway, 
Transfer and Storage Company’s main track at a point thirty- 
eight (38) feet south of the south line of an alley between 
Oak street and Dumesnil street, diverging from said Central 
Railway, Transfer and Storage Company’s track, with a curve 
of about three hundred and sixty (360) feet radius to the 
left, running in a northwestwardly direction and crossing that 
portion of Fourteenth street which is west of the said Central 
Railway, Transfer and Storage Company’s track and the said 
alley between Oak street and Dumesnil street, with the right to 
operate and caused to be operated, cars and engines over and 
along said track. 

This grant shall be terminable by the General Council upon 
the recommendation of the Board of Public Works, and said 
track shall be subject to removal at any time at the direction 
of the Council upon recommendation of said board. 

§ 2. The work of constructing said track shall be done at 
the expense of said Louisville & Nashville Railroad Company, 
and under the supervision of and according to the plans to be 
approved by the Board of Public Works. The spaces between 
the rails and for two feet outside thereof shall be kept in good 
repair and reconstructed from time to time at the exclusive 


RAILROAD CROSSINGS. 457 


cost of said Louisville & Nashville Railroad Company on the 
demand and under the supervision of said Board of Publie 
Works. Before proceeding to construct the said track so far 
as the same shall lie along or across any public way, or to 
repair or reconstruct same after it has been constructed, the 
Louisville & Nashvile Railroad Company shall obtain from the 
Board of Public Works of the city of Louisville a permit to 
do the work in question, specifying the place where said work 
is to be done, and the time when it is expected to begin the 
same. Such work of construction, reconstruction or repairs 
shall be done under the supervision of an employe of the 
Board of Public Works, to be designated by the board, and the 
Louisville & Nashville Railroad Company shall pay the Board of 
Public Works at the rate of $3.00 per day for each day of 
nine hours spent by said employe in such supervision. 

§ 3. The said Louisville & Nashville Railroad Company 
shall indemnify and save harmless the city of Louisville against 
any claims for damage by any person by reason of the con- 
struction of said track or operation of cars thereon, or the 
failure to repair the said tracks as aforesaid, and the accept- 
ance of this ordinance by the construction of said tracks shall 
bind the Louisville & Nashville Railroad Company, its succes- 
sors and assigns, to the city of Louisville for the performance 
of each undertaking or provision of this ordinance. 

§ 4. Locomotives or cars shall not be permitted to stand 
across or in any public way longer than five minutes. 

§ 5. For the violation of any provision of this ordinance by 
the Louisville & Nashville Railroad Company, or any of it¥ 
officers, agents or employes, said company shall be subject to 
a fine of not less than $25.00, nor more than $100.00 for each 
offense. 

§ 6. This ordinance shall take effect from its passage. 

Approved October 4, 1909. 


RAILROAD CROSSINGS. 


AN ORDINANCE prescribing electric gongs at railway cross- 
ings. 


Be it ordained by the General Council of the city of Louisville: 
§ 1. For the protection of life and property, all railroad 


or railway companies or corporations operating or propelling 
freight or passenger cars by steam power along or upon the 


458> RAILROA DS—STEAM, OPERATION’S. 





public ways or streets of the city, shall, at their own cost, cause 
to be erected and maintained at all the public way or street 
crossings, on their respective lines of railorad or railway tracks 
within, the corporate limits of the city, competent and efficient 
electric gongs and signals similar to those now in use at the 
crossings of the Louisville, Cincinnati & Lexington Railway 
tracks and the Shelbyville turnpike, in the county of Jeffer- 
son, State of Kentucky. | 

§ 2. Said railroad or railway companies shall, within three 
months from the passage of this ordinance, cause said electric 
gones or signals to be placed at the street crossings, as pro- 
vided in the foregoing section, which shall be done under the 
supervision of the city engineer. 

§ 3. Said railroad or railway companies or. corporations, 
or any of them, shall, for each day they fail to comply with 
the provisions of this ordinance, be subject to a fine of not 
less than five dollars nor more than twenty dollars. 

Approved August 27, 1884. 


RAILROADS. 
Steam, Operation of in City. 


AN ORDINANCE concerning the operation of steam railroads 
in the city of Louisville. 


Be it ordained by the General Council of the city of Louisville : 


§ 1. That when any ear, cars, or locomotive, propelled by 
steam power, shall be moving in the city of Louisville, the bell 
of the engine shall be constantly sounded within the city limits. 

§ 2. It shall be unlawful for any person or corporation to 
blow, or cause to be blown, any steam or other railway or 
railroad whistle in the city of Louisville for any purpose, ex- 
cept to prevent collision or in case of imminent danger. 

§ 3. Any person or corporation violating any provision of 
this ordinance shall be fined not less than ten dollars nor more 
than one hundred dollars for each offense. 

§ 4. This ordinance shall take effect and be in force from 
and after its passage and publication. 

Approved August 1, 1898. 


REAL ESTATE 





REGISTRATION. 459 








REAL ESTATE. 
AN ORDINANCE prohibiting trespass on real estate. 
Be it ordained by the General Council of the city of Louisville: 


§ 1. That it srall be unlawful for any person, without the 
eonsent of the owner, or his or her agent, to enter on any en- 
closed or improved real estate, lot, or parcel of ground in the 
eity of Louisville, and to destroy any flower or shrubbery, or 
remove therefrom any flowers, shrubbery, material, substance, 
earth, dirt, or turf. 

§ 2. Any person violating the provisions of this ordinance 
shall, upon conviciton thereof, be-fined not less than ten nor 
more than fifty dollars for each offense. 

3. This ordinance shall take effect from and after its pub- 
lication. 

Approved May 7, 1895. 


REGISTRATION. 


AN ORDINANCE providing for an additonal registration day 
in the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the first Wednesday after the first Tuesday in 
- October in each year, from the hours of 6 o’clock in the morn- 
ing, until 9 o’clock in the evening, shall be and it is hereby 
appointed an additional registration day for voters in the city 
of Louisville, and that the officers of registration shall register 
on said day the voters. of the city entitled to register in the 
same manner and subject to the same rules and regulations as 
provided by law for the holding of a registration for that pur- 
pose on the first Tuesday in October in each year. 

§ 2. That an ordinance entitled ‘‘An ordinance providing 
additional registration days in the city of Louisville,’’ approved 
September 30, 1893, be and the same is hereby repealed. 

§ 3. That this ordinance shall take effect from its passage. 

Approved December 24, 1903. 


460 cae REGISTRATION RIGHTS OF WAY. 





— = — 


REGISTRATION—PROHIBITING PURCHASE OR SALE OF 
CERTIFICATES. 





AN ORDINANCE prohibiting the purchase or sale of, or the 
attempt to purchase or sell any registration certificates. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That any person, who, by paying or offering to pay any 
sum of money or by giving or offering to give anything of 
value, or by promising or offering to promise any benefit, shall 
purchase, or attempt to purchase, or obtain or at- 
tempt to obtain the possession of any registration cer- 
tificate of any person registered as a voter in any 
precinct of the city of Louisville, and any person who has 
been registered as a voter in any precinct of the city of Louis- 
ville, and, who, for money, or the promise of money, or for 
anything of value, or any benefit or promise of any benefit, 
shall sell or offer to sell, or shall give up the possession of the 
certificate of such registration, shall be deemed guilty of a 
misdemeanor and shall for each offense be fined not exceeding 
fifty dollars. 

§ 2. Any person who shall procure another to do, or shall 
aid or abet in the doing of anything prohibited by section 1 of 
this ordinance shall be subject to the same penalty. 

§ 3. All ordinances or parts of ordinances in confiict here- 
with are hereby repealed. 

§ 4. This ordinance shall take effect from and after its 
passage. 

Approved August 25, 1909. 


RIGHTS OF WAY, PERMITS FOR. 


AN ORDINANCE regulating rights of way and permits therfor. 
Be it ordained by the General Council of the city of Louisville: 


§ 1. That the ambulances in all the departments under the 
Board of Public Safety, while engaged in going for or in carry- 
ing any sick or wounded person or persons, shall have the right 
of way in the publie ways of the city as against any person, 
conveyance, or incumbrance put, driven or being in said pub- 
lie ways, and no person or persons shall obstruct any such 





REGISTRATION RIGHTS OF WAY. 461 





ambulance while so engaged, if there shall be opportunity to 
get out of the way of the same. 

y 2. All physicians who shall have the permit, and wear and 
exhibit the badge hereafter provided for, shall, while engaged 
in answering calls for their professional services, have the right 
of way in the public ways of the city for themselves and their 
vehicles as against any person, conveyance or incumbrance put, 
driven or being in said public ways, except the ambulance men- 
tioned in the preceding section of this ordinance, and such phy- 
sician shall be allowed, without delay, to cross all processions 
and to pass through crowds or other public gatherings in said 
public ways. 

§ 3. It shall be the duty of the health officer to issue an- 
nually, without charge, on written application therefor, a per- 
mit over his official signature, to continue in force for one year, 
to any practicing physician, who shall have been licensed by 
the State Board of Health and shall have paid his license tax, 
if any, due to the city; and the health officer shall also deliver 
with said permit to such physician a suitable badge of such 
design as he may adopt, which shall be exhibited by such phy- 
sicion when he shall demand of any person or persons the right 
of way, as provided for in section two of this ordinance. 

§ 4. It shall be the duty of the health officer to obtain from 
the State Board of Health a certified list of all physicians 
licensed by said board and practicing in the city of Louisville, 
and from the secretary and treasurer of the Board of Sinking 
Fund Commissioners of the city, annually, a certified list of all 
physicians who have paid their license tax as may be required 
by law or ordinance, and no permit for right of way shall be 
issued by the health officer to any physician whose name is 
not in said certified list. 

§ 5. It shall be unlawful for the gates at any railway cross- 
ing of a public way in the city to be kept down, or such cross- 
ing to be obstructed, so that ambulances or physicians shall be 
unable to eross such railway for a longer period than five min- 
utes at any one time. 

§ 6. Any person or corporation who shall fail or refuse on 
demand to yield the right of way to an ambulance or physician, 
as provided for in this ordinance, when it is possible to do so, 
shall be deemed guilty of a misdemeanor, and on conviction 
shall be fined not less than twenty-five dollars nor more than 
one hundred dollars for each offense. 

§ 7. All ordinances in conflict herewith are hereby repealed. 

§ 8. This ordinance shall take effect from its passage. 

Approved January 15, 1898. 


4G2 SALARIES. 








SALARIES. 


AN ORDINANCE fixing and regulating the salaries of officers 
of the city ef Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the following named officers shall receive from the 
eity of Louisville annually the respective sums set opposite 
their names, such salaries to be paid monthly, as now provided 
by law: 


The Mayor shall receive the sum of........ $5,000 00 
The City Attorney shall receive the sum of. 4,000 00 
The Treasurer shall receive the sum of.... 3,500 00 


The Comptroller shall receive the sum of... 3,500 00 
The Assessor shall receive the sum of.... 3,500 00 
The Tax Receiver shall receive the sum of... 3,500 00 
The Judge of the Police Court shall receive 

the) sum OLS say oe coc aes Ra 3,000 00 
The Prosecuting Attorney of the Police Court 

shall-recéive the sunt ol tha aa eee 3,000 00 
The Gas Inspector shall receive the sum of.. 3000 00 
The Assistant City Attorney shall receive the 

SUM OL pi cat wate te tolls eee 2,500 00 
The Auditor shall receive the sum of....... 2,750 00 
The Chairman and Members of the Board of | 

Public Works shall each receive the sum 

a) Mann Mm Set Nitec AIMS Rind ye es tan 2,000 00 
The Chairman and Members of the Board of 

Public Safety shall each receive the sum 


OT res laos acute. duals tae WOR he ge eee lala eet es nc ea 2,500 00 
The Clerk of the Police Court shall receive 

the ‘Slim [OL .4G: rs abet kee Peed ists oe a ete 
The City Buyer shall receive the sum of..... 2,400 00 
The Bailiff of the Police Court shall receive 

The “SUIT LOLS re ore ao oid oat eee tet tee ae 3,900 00 
The Clerk of the Board of Aldermen shall _ 

recelve: the SM. Olen ate ee oe 2,000 00 
The Clerk of the Board of Councilmen shall | 

receive-the, sims Ole wees aha wee 2,000 00 | 
The Tax Receiver’s Cashier shall receive the 

SUM) OF ty. beds he iis ence GR CL Getea ie eee ae 1,800 00 


The First Assistant Assessor shall receive the 
SUM OL oss fake, Ue oes ee ne ee oe 1,650 00 


SALARIES, ? 463 








The Mayor’s Clerk shall receive the sum of.. 2,000 00 
The Comptroller’s Clerk shall receive the sum 


PORN AIS Preliits Got cia Sc} ad aver cag as ab arn 1,500 00 
The Treasurer’s Clerk shall receive the sum 

Eee cucay is TN ee Oe er ears 1,500 00 © 
The Assessor’s six Assistants shall each re- iD 

PeMeM ber eu! COL aye. yg ids rose! Aenea ee fais 1,350 00 
The Assessor’s Draughtsman shall receive the | 

Treaty Meine eee ce My dr nah Gov ake con cage nye OR 1,350 00 
The Stenographer of the Police Court shall 

BECEIV ent Ge SUMP. Od) i gicte sa ea ig oe ee ee 1,200 00 
The Tax Receiver’s Bookkeeper shall receive 

PIVGeSUILs 1 Pr aay A! SANE MO Ss goes 0.0 1,200 00 
The City Attorney’s Stenographer shall re- 

Hei Vocteh GUS nO luis ciara ete ba) she were 8 1,020 00 
The Tax Receiver’s General Clerk shall re- 

SOS! La Wa a eee gt ae ea 1,000 00 
The Assessor’s! Transfer Clerk shall re- 

re OGIEG a TIUS ers tee Lis ese: let's e+: veins 1,000 00 


The two Deputies of the Clerk of the Police 

Court shall each receive the sum of.... 1,200 00 
The two Assistants of the Bailiff of the Police 

Court shall each receive the sum of.... 1,200 00 
The City Buyer’s Clerk shall receive the sum 


TNE! Apical be at ere ech ee ie PR En Aa a 1,200: 00 ~ 
The Interpreter of the Police Court shall re- Sins 

DONUe PGMA Lien 0!) Avie s! iece's ni cldars 900 00 
The Mayor’s Stenographer shall receive the 

LETTE MELE SOI A MNP Ee CCS cee'd Cake cjchcke es arats 900 00 
The Assistant City Attorney’s Stenographer 


shalltreceive the: sum of iv. se. 900 00 — 


'§ 2. That ‘the salaries of the Sergeant-at-Arms of the 
Board of Aldermen, the Sergeant-at-Arms of the Board of 
Councilmen, two Pages of the Board of Aldermen and two 
Pages of the Board of Councilmen shall each be $1.50 per 
session of the General Council. 

§ 3. That the salaries fixed by this Drane shall apply 
to and be effective from the date of the passage of this ordi- 
nance, and shall’ apply to the successors of the present in- 
cumbents of the offices, who were voted for at the November 
election, 1901, but who have not yet qualified and taken pos- 
- session of their offices, and to any persons who may be elected 

or appointed to fill any vacancies that may occur in any of said 
offices. 7 


464 SALOON CLOSING 


§ 4. That all ordinances and parts of ordinances in conflict 
with this ordinance be, and they are, hereby repealed and 
held for naught. 

§ 5. That the Clerks of the General Council shall perform 
such duties as may be specified and directed by the Comptroller 
or by ordinance. 

§ 6. This ordinance shall be in full force and effect from 
and after its passage. 

Approved.November 15, 1901. 


SALOON CLOSING. 


AN ORDINANCE regulating the sale of spirituous, vinous, 
malt and intoxicating liquors of every kind and prescrib- 
ing the hours and conditions for the sale thereof. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That it shall be unlawful for any person or persons, 
owner, agent or employe of a saloon, barroom or place of any 
kind where spirituous, vinous or malt liquors, or other intoxi- 
eating liquors of any kind are sold at retail, or by the drink, 
to keep said place open from and after the hour of 1 o’clock 
a.m., or to open said place of business before the hour of 
5 o’clock a.m. 

§ 2. It shall be unlawful for any person, firm or corpora- 
tion to have, maintain, or operate, or cause to be maintained 
or operated a dance hall, where perosns may engage in dancing 
either for pay or for the purchase of liquors, or free, in any 
apartment connected with a saloon, barroom or any place where 
spirituous, vinous or malt liquors, or other intoxicating liquors 
are sold; but this section shall not apply to licensed public 
gardens or dance halls at such times as licensed picnics or 
balls are given therein. 

§ 3. That any keeper, owner, agent, employe or manager of 
any saloon or dance hall who shall violate any of the provi- 
sions of this ordinance shall be fined twenty-five dollars for 
each offense, and each sale or other act committed in viola- 
tion of this ordinance shall constitute a separate offense. 

§ 4. This ordinance shall take effect on and after its publica- 
tion. 

Approved July 22, 1905. 


SANITATION. 465 


SANITATION. 


AN ORDINANCE regulating the sanitary condition of manu- 
facturing establishments, tenement houses, lodging houses, 
boarding houses, stores and public buildings in the city 
of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That no owner, lessee, or keeper of any tenement 
house, lodging house, boarding house, manufactory, store, or 
public building shall cause or allow the same to be _ over- 
erowded, or cause or allow so great a number of persons to 
dwell, be, or sleep in any such house, or any portion thereof, 
as thereby to cause any danger or detriment to life or health. 

§ 2. That every person who shall be the owner, lessee, 
manager, or keeper of any tenement house, boarding house, 
lodging house, manufactory, store or public building, shall 
provide or cause to be provided for the accommodation of 
those boarding, lodging, or engaged therein, and for the use 
of the tenants, lodgers, boarders, and workers therein, ade- 
quate privies and water-closets, and the same shall be so 
adequately ventilated and shall at all times be kept in such 
eleanly and wholesome condition as not to be offensive or be 
dangerous or detrimental to life or health; and no offensvie 
smell or gases from or through any outlet or sewer or through 
any such privy or water-closet, shall be allowed by any per- 
son aforesaid to pass into such house or any part thereof, or 
into any other house or building. 

§ 3. That every owner, lessee, tenant, or manager of any 
tenement house, boarding house, lodging house, manufactory, 
store, or public building shall cause every part thereof and 
its appurtanees to be put, and shall thereafter cause the same 
to be kept, in a cleanly and wholesome condition, and shall 
speedily cause every department thereof in which any per- 
son may sleep, dwell, or work, to be adequately lighted or 
ventilated ; and if the same be a manufactory, shall cause every 
part thereof in which any person may work to be maintained 
at such a temperature, and be provided with such accom- 
modations and safeguards as not, by reason of the want there- 
of, or anything about the condition of such manufactory or 
its appurtances, to cause any unnecessary danger or detriment 
to the life or health of any person being properly therein or 
thereat. 


AGG SEAL——-SCHOOL FOR TRAINED NURSES. 








§ 4. Any person who shall violate any of the provisions 
of this ordinance, after being given thirty days’ notice in 
writing, by the health officer to comply therewith, specifying 
what he is, required to do with respect to the premises. owned, 
leased, or kept by him, shall be fined not less than ten dollars 
nor more than fifty dollars for each offense. 

‘ 5. This ordinance shall take effect from and after its 
passage. 

Approved April 19, 1898. 


SEAL. 
AN ORDINANCE establishing a public seal for the city. 


The seal of the city of Louisville shall be the device of a 
locomotive under way, with the motto, ‘‘Progress.’ 
Approved May 8, 1861. 


SCHOOL FOR TRAINED NURSES. 


AN ORDINANCE empowering and authorizing .the Board of 
Public Safety to establish and conduct a school for trained 
nurses in connection with the City Hospital. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the Board of Public Safety is hereby authorized 
and empowered to establish and conduct a School for Trained 
Nurses in connection with the City Hospital im the city of 
Louisville. | 

§ 2. That said Board of Public Safety shall have the power: 
to make all regulations and rules necessary to conduct said 
school. 

§ 3. This ordinance shall take effect from and after its 
publication. 

Approved July 11, 1894. 


SECOND HAND CLOTHING 





SECOND DEALERS. 467 





; SECOND-HAND CLOTHING. 


AN ORDINANCE requesting second-hand dealers to disinfect 


elothing and other material. 
Be it ordained by the General Council of the city of Louisville: 


N That any person, company, or corporation doing busi- 
ness in the city of Louisville, who purchases or sells - goods 
of any kind or description having once been used, or trans- 
ferred from the manufacturer to the dealer and then received 
into the possession of another party, whether the same con- 
sists of cloths, carpets, clothing, rags, or wearing apparel, shall 
be deemed to be a second-hand dealer, and all such dealers are 
hereby required, within sixty days after the passage of this 
ordinance, to establish and set apart a tightly and suitably 
eonstructed room in connection with their business establish- 
ment to be used for disinfecting all such material which is 
liable to contagious infection, purchased and handled by them, 
before the same is offered for sale. 

§ 2. That every person, firm, or corporation that violates 

any provision of this ordinance shall be deemed guilty of a 
misdemeanor, and on conviction thereof shall’ be fined not less 
than twenty-five ($25) dollars nor more than fifty ($50) dol- 
lars for each offense, and each day’s continuance of business 
without compliance with section 1 of this ordinance, after sixty 
days from its passage, shall constitute a separate offense. 

\ 3. That this ordinance shall take effect from its passage. 

Approved April 27, 1900. 


SECOND-HAND DEALERS. 


AN ORDINANCE regulating dealers in second-hand goods, 


wares, merchandise, or materials in the city of Louisville. 
Be it orduined by the General Council of the city of Louisville: 


S$ 1. That every person, firm, or corporation who shall carry 
on the business of buying or selling second-hand goods, wares. 
merchandise, or materials, shall be deemed a_ second-hand 
dealer within the meaning of this ordinance. 

§ 2. It shall be unlawful for any person, firm, or corpora- 
tion to carry on the business of second-hand dealer in the city 


A68 SECOND HAND DEALERS. 


of Louisville without first having executed a bond to the city 
of Louisville, approved by the General Council, in the sum of 
one hundred dollars, conditioned that he or they will faith- 
fully perform and observe all of the regulations of this ordi- 
nance. Said bond shall be executed in the Sinking Fund office, 
in the presence of the treasurer and secretary of the Sjnking 
Fund, and shall be transmitted to the General Couneil for 
approval; and when approved the Comptroller shall be the cus- 
todian of said bond, and shall notify the treasurer and 
secretary of the Sinking Fund of such approval, and no license 
shall be issued to any such second-hand dealer until said bond 
has been approved by the General Council. 

§ 3. No person, firm, or corporation carrying on the busi- 
ness of second-hand dealer shall at any time or under any 
circumstances be allowed to buy second-hand goods, wares, 
merchandise, or materials from a minor. 

§ 4. Every person, firm, or corporation carrying on the 
aforesaid business shall keep a register, which shall contain the 
name of the person or persons from whom any second-hand 
gvoods, wares, merchandise, or materials are purchased, the date 
when received and bought, the residence or place of business. 
of such person or persons, and a full description of said second- 
hand goods, wares, merchandise, or materials, same to be im 
plain, legible English handwriting; and shall daily, by 11 
o’clock a.m., furnish to the chief of police, in plain, legible 
English handwriting, a true and correct report of all such 
second-hand goods, wares, merchandise, or materials so pur- 
chased, or otherwise in their possession, describing said articles. 
as accurately as possible. It shall be the duty of any such per- 
son, firm or corporation to allow any captain of police, or officer, 
or officers, designated by the chief of police or chief of detec- 
tives, upon a written order, to examine and inspect such 
register, and if sufficient information can not be gained from: 
an inspection of said register, it shall, upon the request of said 
officer or officers, be the duty of any person, firm, or corpora- 
tion to permit and allow said officers to examine and inspect 
any and all second-hand goods, wares, merchandise, or ma- 
terials belonging to or temporarily left in charge of such person, 
firm or corporation. 

§ 5. It shall be the duty of the chief of police to furnish. 
blanks for the reports herein provided for. 

§ 6. Whenever any second-hand dealer shall go from house: 
to house in the city of Louisville for the purpose of buying or 
selling second-hand goods, wares, merchandise, or materials, 
he shall carry his license and exhibit the same whenever re- 
quested to do so by a license or police officer, and shall wear 


SEWAGE. AG93 , 





upon his person, in a conspicuous place, in such manner that 
it may always be seen, a badge, which badge shall be fur- 
nished free of charge by the Commissioner of the Sinking: 
Fund to any person who has procured a license as a second- 
hand dealer. Said badge shall be of metal, and shall have 





thereon the following words: ‘‘City of Louisville. Sinking 
Fund. Licensed Second-hand Dealer. No. Expires. 
——_——., 189-—_.”’ 


It shall be unlawful for any person to wear or have in his. 
possession the badge herein required unless he be the licensed 
second-hand dealer in whose name the license is issued. 

On the expiration of the license of any second-hand dealer: 
he shall surrender his badge to the Commissioners of the Sink-- 
ing Fund. 

It shall be unlawful for any person to destroy, deface, or 
injure said badge in any manner, or change the numbers or: 
dates thereon. 

§ 7. Any person, firm, or corporation who shall neglect, or: 
refuse to comply with, or violate any of the provisions of this. 
ordinance, shall be fined not less than five nor more than: 
twenty-five dollars for each offense. Each day such person, 
firm, or corporation shall neglect or refuse to comply with, or 
violate any of the foregoing provisions, shall constitute a 
separate offense. 

§ 8. This ordinance to take effect from and after its pub-- 
lication. 

Approved March 20, 1897. 


SEWAGE. 


AN ORDINANCE concerning the sewerage of the city of 
Louisville. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That all owners of occupied houses in the city of 
Louisville situated upon lots abutting upon a street or alley in 
which there is a publie sewer shall connect all drain pipes of 
such house with said sewer. 

§ 2. It shall be unlawful for the owner of such house to 
-keep or maintain any dry well upon such lot or to drain any 
privy matter or other foul or deleterious matter into same. 

§ 3. Any person violating the provisions of this ordinance: 
shall be fined not less than ten dollars nor more than twenty-- 


476 SEWERS. 





five dollars for each offense. Each day said party shall fail to 
eonnect the drain pipes of his house with the sewer, and each 
day any such dry well is kept or maintained upon lot, is to 
-eonstitute a separate offense. 

§ 4. This ordinance to take effect sixty days after publica- 
tion. ) 

Approved December 20, 1893. 


SEWERS—PROHIBITING THE OBSTRUCTION OF. 


-AN ORDINANCE prescribing penalty to be imposed upon in- 
dividuals or corporations having buildings, structures, 
works, conduits, mains, pipes, tracks, or other physical 
obstructions in, over or upon public streets, lanes, alleys 
or highways, which interfere with or impede the progress 
of the construction or establishment of a comprehensive 
sewerage system in the city of Louisville, which they refuse 
to shift, adjust, accommodate or remove after receiving 
notice from the Commissioners of Sewerage of the city of 
Louisville. 


Whereas, by a statute enacted by the General Assembly of 
‘the Commonwealth of Kentucky, approved February 19, 1906, 
‘the city of Louisville was enabled to construct a comprehensive 
-system for the disposition of sewerage; and, 

Whereas, by the said statute, a body corporate under the 
name of the ‘‘Commissioners of Sewerage of Louisville’? was 
‘created and endowed with certain capacities and powers under 
‘the said statute; and, 

Whereas, it was by section 8 of the said statute provided 
‘that ‘‘All individuals or corporations having buildings, struc- 
tures, works, conduits, mains, pipes, tracks, or other physical 
obstruction in, over or upon the public streets, lanes, alleys 
or highways which shall interfere with or impede the progress 
of said sewerage system when in process of construction and 
establishment, shall, upon reasonable notice from said commis- 
‘sion, promptly so shift, adjust, accommodate or remove the 
same, at their own cost and expense, as fully to meet the 
exigencies occasioning such action, and the General Council 
‘shall have full power, by ordinance, to prescribe the penalty 
‘for such failure,’’ and, 


SHADE TREES. ait 








Whereas, it is deemed that the necessity now exists for a. 
penalty to be prescribed as provided in said section ; now, there-- 
fore 

? 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That when notice in writing has been given by the 
Commissioners of Sewerage of Louisville to any individual or 
‘corporation having buildings, structures, works,’ conduits,. 
mains, pipes, tracks or other physical obstruction in, over, or 
‘upon the public streets, lanes, alleys or highways, which shall 
interfere with or impede the progress of any sewerage system: 
in process of construction or establishment by said Commis- 
sion, requesting said individual or corporation to shift, adjust, 
accommodate or remove the same, and indicating the manner 
and extent of such shifting, adjusting, accommodation or re- 
moval, and said individual or corporation shall, for fifteen days. 
after receiving said notice, refuse or fail to shift, adjust, ac-. 
commodate or remove the same at their own cost and expense,. 
in comphance with said notice, then said individual or, corpora-. 
tion shall be guilty of a misdemeanor and shall be subject to: 
a fine of not less than $50 nor more than $100 for each offense. 

§ 2. Each day after the expiration of said fifteen days om 
which any part of said obstructions referred to in said notice 
shall not have been shifted, adjusted, accommodated or re- 
moved in accordance with or to the extent designated in said 
notice, shall constitute a separate offense. 

§ 3. This ordinance shall take effect from and after its: 
passage. 

Approved September 8, 1908. 


SHADE TREES. 


AN ORDINANCE relating to shade and ornamental trees on: 
the sidewalks and thoroughfares of the city of Louisville.. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That whenever the Board of Park Commissioners, in 
their judgment, shall condemn any dead or decaying tree or 
trees on the sidewalks or thoroughfares, and notice is served 
by the Board of Park Commissioners of the city of Louisville 
on the owner of the lot or property abutting on the street or 
sidewalk where said condemned tree or trees shall be located,,. 


472 SMOKE. 


the said owner shall, at his expense, remove the said condemned 
tree or trees from the street or sidewalk in such manner as 
‘will least impede the public travel, and he shall put the surface 
of the streets or sidewalk in an even and uniform shape after 
removal. | 

§ 2. Should the owner of said lot or property adjoining the 
location of said condemned tree or trees fail for five days after 
notice herein mentioned to remove said condemned ' tree or 
trees from the sidewalk or public highway, he shall be fined 
five ($5) dollars for each day after said fifth day that said 
condemned tree or trees is allowed to remain unremoved, and 
the sidewalk not repaired, as provided for in section 1 of this 
ordinance. 

§ 3. This ordinance to take effect from and after its publica- 
tion. 

Approved May 21, 1894. 


SMOKE—TO REGULATE THE EMISSION THEREOF. 


AN ORDINANCE to prevent the emission of soot, black or 
dense gray smoke from smokestacks, chimneys and all 
other smoke-emitting stacks within the city of Louisville, 
including locomotive railroad engines and engines used 
and employed in house and street construction work in the 
eity of Louisville or other engines in the city of Louis- 
ville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. The emission of soot, black or dense gray smoke from 
any smokestack or chimney used in connection with any station- 
ary engine, steam boiler, locomotive, railroad engine, or engine 
used or employed in the construction, reconstruction, altering 
or repairing any building or street or preparatory to beginning 
any such work on any building or street in the city of Louis- 
ville, or other engines in the eity of Louisville, or 
furnace of any description within the corporate limits 
of the city of Louisville, in any apartment house, office building, 
hotel, theater, place of public entertainment, school building, 
institution or any other structure in the city of Louisville, or 
any building used as a factory, or for any purpose of trade, or 


SMOKE. 473 


for any other purpose whatever, shall be deemed and is hereby 
declared to be a puble nuisance. This provision, however, 
shall not apply to locomotives, when under previously ar- 
ranged time schedules, they enter into or depart from their 
depots attached to or drawing such cars only as are used ex- 
elusively for passenger travel to and from the city of Louis- 
ville and at such times as said locomotives attached to said cars 
are stationed in said depots for the purpose of discharging or 
receiving such passengers, and to such locomotives or engines 
when entering or departing from the city of Louisville drawing 
what are known to be and are at the said particular time 
through freight trains, or to the fire engines of the Fire De- 
partment of the city of Louisville. Nor shall the provisions 
of this ordinance apply to such buildings as are used exclu- 
sively for private residence purposes, provided, however, that 
such buildings shall not by the carelessness of the occupant 
thereof, be permitted to become actual and continuous nuisances 
by reason of the emission of dense smoke or soot therefrom into 
the open air. 

§ 2. The Inspector of Buildings shall have authority to re- 
~ quire all steam boilers or furnaces and such other boilers as are 
named or come within the provisions of any section of this 
ordinance, and which are already constructed and installed and 
which have not attached an efficient smoke preventive as pro- 
vided for in this ordinance, to have the same attached and in 
operation so as to comply wtih all the provisions of this ordi- 
nance on or before its passage, and he shall require the at- 
tachment of some efficient smoke preventive so as to comply 
with all provisions of this ordinance to all steam boilers or 
furnaces and such other furnaces which are not already con- 
structed and installed as are named or come within the provi- 
sions of any section of this ordinance at the time of the 
construction and installation of said boilers or furnaces, pro- 
vided, however, that if in the judgment of the Inspector of 
Buildings, it shall be impracticable to equip locomotives or rail- 
road engines not coming within section 1 of this ordinance, or 
engines used in the construction of streets or the repairing and 
construction of buildings and other engines in the city of Louis- 
ville, with efficient mechanical smoke preventives that then, and 
in that event, said locomotives and any and all of said en- 
gines shall use such fuel and be operated in such a manner 
from and after the passage of this act so as to comply with 
section 1, and other sections of this ordinance. The inspector 
and assistant inspectcrs of buildings shall have the authority 
at all reasonable hours in the discharge of their duties to enter 
. any steam boiler or engine-room, or any building containing 


474 SMOKE. 





any boiler or furnace or other appliance or in and on any loco- 
motive or engine which under the provisions of this ordinance 
is required to be equipped or operated as therein provided, and 
any person or persons hindering or obstructing them or any 
of them in the performance of said duties shall be deemed 
gcuilty of violating the provisions of this ordinance 

§ 3. That when any person shall be desirous of constructing 
or altering any steam boiler or furnace within the corporate 
limits of the city of Louisville, he or they shall make applica- 
tion at the office of the Inspector of Buildings for a certificate 
for that purpose, and shall furnish a written statement giving 
the style and dimensions of such boiler and furnace, together 
with the height and size of stack or chimney and the method or 
device to be adopted for preventing the emission of soot, black 
or dense gray smoke therefrom. 

§ 4. The owner or owners, lessees, agent or operators of 
any locomotive, or the general manager, superintendent, yard- 
master, engineer, fireman or other officer or employe having in 
charge or control, or assisting in, causing or directing the oper- 
ating of any locomotive, railroad or other engine named in 
section 1 herein, and the owner,’ agent; lessee or occupant. of 
any building or structure within the city of Louisville, other 
than excepted in section 1 of this ordinance, who shall cause, 
permit or allow soot, black or dense gray smoke to be emitted 
therefrom, contrary to the provisions of this ordinance, shall 
be guilty of creating a public nuisance’ and of violating the 
provisions of this ordinance. 


§ 5. Every boiler or furnace, locomotive, railroad engine or 
othe engine named in section 1 of this ordinance used within 
the corporate limits of the city of Louisville, and in which 
bituminous coal is used as fuel, shall, under the provisions of 
’ this ordinance, be so constructed or altered and have attached 
thereto such efficient preventives, or shall otherwise use ‘and 
operate such appliances or fuel in such manner and of the kind 
as shall fully comply with all the provisions of the ordinance 
herein. And no person or persons, company or corporation 
being the owner or lessee or having the charge or control of 
any such steam boiler or other furnace or locomotives, ete., 
shall use or allow the use of the same in the city of Louisville, 
unless he or they comply with the provisions of this ordinance. 

§ 6. Every person having charge of the igniting, feeding, 
stoking or attending to any such steam boiler or other furnace, 
or any smoke preventives attached thereto, shall so ignite such 
furnace fire that soot, black or dense gray smoke shall not issue 
therefrom for a longer period than during the period of igni- 
‘ tion, which shall not exceed one hour, and shall stoke, feed or 


SMOKE. ATS 








attend such furnace fire and shall keep such furnace and smoke 
preventives attached thereto in good and efficient order, so 
that soot, black or dense gray smoke shall not be produced 
or emitted therefrom, except for periods not to exceed three 
minutes in duration at intervals of not less than thirty minutes 
eee the time such furnaces fires are in operation. 

. It shall be the duty of the Inspector of Buildings and 
his “eee to investigate and inspect chimneys and other 
appliances named in this ordinance for the escape of soot and 
smoke, and when from personal knowledge or from any other 
source the Inspector or any of his assistants obtains informa- 
tion that any provision of this ordinance has been of is be- 
ing violated, the Inspector of Buildings himself or by one of 
his assistants, shall lodge complaint with the City Court against 
any and all who are guilty of said violation. It shall be the 
duty of the Inspector of Buildings in all prosecutions for the 
violation of the provisions of this ordinance, whether said prose- 
eution be instituted by himself or by one of his assistants or 
by others, to assist the officer actively engaged in representing 
the city of Louisville in said prosecutions in preparing said 
eases for trial. It shall be the duty of the Inspector of Build- 
ings to keep in his office a daily record of all the acts of him- 
self and his assistants in the discharge of the duties imposed by 
this ordinance, which record shall at all times be open to public 
inspection. 

—§ 8. The provisions of this ordinance shall not apply to 
any building, establishment or premises where there is no 
known practicable device, apphance, means or method by the 
application of which to said building, establishment or pre- 
mises the emission or discharge of dense smoke or soot there- 
from into the open air could have been or can be prevented. 
Provided, however, that said immunity to such building, estab- 
lishment or premises shall continue, so long only, as there is 
no known practical device, appliance, means or method by the 
application of which to such building, establishment or premises 
the emission or discharge of dense smoke or soot therefrom 
into the open air could have been or can be prevented. 

§ 9. In case of a disagreement between the Inspector of 
Buildings and any person, firm or corporation as to the prac- 
ticability of the use of any device, appliance, means or method 
for the purpose of preventing the emission or discharge or dis- 
charge of dense smoke from the premises of any person, firm 
or corporation, then an appeal shall lie from the decision of the 
Inspector of Buildings to the Board of Publie Safety. 

§ 10. Any person violating any of the provisions of this or- 
dinance shall be punished by a fine of not less than ten dollars, 


A476 STAGNANT WATER. 


nor more than one hundred dollars for each offense, and each 
day upon which any of the provisions hereof are violated shalk 
constitute a distinct and separate offense. 

§ 11. An ordinance approved April 7, 1908, entitled, ‘‘ An 
ordinance to prevent the emission of soot, black or dense gray 
smoke from smokestacks, chimneys and all other smoke-emit- 
ting stacks, within the city of Louisville, including locomotives, 
railroad engines and engines used and employed in house and 
street construction work in the city of Louisville,’’ and all other 
ordinances and parts of ordinances in conflict herewith are 
hereby repealed. 

§ 12. This ordinance shall take effect and be in force from 
and after its passage. 

Approved January 27, 1909. 


STAGNANT WATER. 


AN ORDINANCE concerning the removal of stagnant water 
from vacant lots in the city of Louisville. 


Be it ordained by the General Council of the city of Lowisvilles 


§ 1. Any vacant lot or lots contaiming stagnant water, or 
other matter of substance deleterious to health, upon inspection 
and condemnation by the health officer, or on the petition of 
two-thirds of the property owners, renters, or residents upun 
the square or block in which said stagnant water, or other mat- 
ter or substance deleterious to health, may exist or is located, 
shall be removed and abated under the direction and super- 
vision of the Board of Public Works. The Board of Public 
Works, on the request of the health officer, shall give the 
owner of said lot or lots containing the said nuisance, or his 
agent, if any, ten days’ notice to remove or abate such nuisance, 
under the direction and supervision of the Board of Public 
Works; and if the said owner, after being given notice as 
aforesaid, shall fail to abate or remove such nuisance, he or 
she shall be fined not less than ten nor more than twenty- 
five dollars for each day’s continuance of the nuisance, to be 
recovered as provided by law for the violation of other ordi- 
nances. 

§ 2. All costs and expenses necessarily incurred by the city 
of Louisville in removing or abating any such nuisance, after 
notice, and upon the failure of the owner to remove or abate 
the same, as provided in the first section of this ordinance, shalk 


STANDARD TIME—STOCK LAW. ATT 


be paid by such owner into the city treasury, and in default of 
his doing so, suit shall be instituted by the city attorney to 
recover the amount for the city in any court having jurisdiction 
thereof. 

§ 3. The ordinance entitled ‘‘An ordinance concerning the 
removal of stagnant water from lots in the city of Louisville,’’ 
approved August 7, 1871, is hereby repealed. : 

§ 4. This ordinance shall not repeal, or affect in any way, 
the ordinance entitled ‘‘An ordinance empowering and au- 
thorizing the health officer to order the removal, abatement, or 
prevention of any and every sanitary nuisance in the city of 
Louisville,’’ approved December 24, 1895. 

§ 5. This ordinance shall take effect from and after its 
passage and publication. 

Approved March 20, 1897. 


STANDARD TIME. 


AN ORDINANCE establishing a standard or railroad time as 
the system of time in the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That hereafter standard or railroad time shall be the 
system of time in the city of Louisville, and the City Hall 
elock and all other city clocks or timepieces shall be regulated 
thereby. 

§ 2. This ordinance shall take effect from and after its 
passage. 

Approved September 16, 1895. 


STOCK LAW. 


AN ORDINANCE prohibiting horses, mules, cows, sheep, hogs, 
or goats from running at large in the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 
1. That it shall be unlawful for any horse, mule, cow, sheep, 


hog, or goat to be at large in any of the streets, lanes, high- 
ways, commons, or alleys of the city of Louisville. 


47: STONE FROM KENTUCKY QUARRIES. 





§ 2. The Mayor of the city of Louisville shall provide two 
pounds, one in the Eastern and one in the Western district of 
the city, for the purpose of carrying out the purposes of this 
ordinance. 

§ 3. Any person finding any horse, mule, cow, sheep, hog. 
or goat running at large in any of the streets, lanes, highways, 
alleys, or commons of the city of Louisville, may drive, lead, 
or carry the same to one of the pounds provided for herein, and 
there deliver it to the keeper of said pound, who shall at once 
impound and safely keep it until called for and redeemed by 
its owner; the person driving, leading, or carrying said animal 
to the pound shall receive the sum of one dollar for so doing, 
which shall be charged against the animal, and paid by its 
owner when redeemed. 

§ 4. In addition to the one dollar paid to the person de-. 
livering the animal to the pound, the keeper shall charge fifty 
eents for the first day or part of the day the animal is im 
pounded, and twenty-five cents for each succeeding day or part 
of day it remains in the pound unredeemed by its owner. 

§ 5. The owner of any animal impounded, as herein pro- 
vided, may redeem the same by paying the keeper of the aah 
all the legal costs and charges against the same. 

§ 6. All laws or parts of laws or ordinances on the subject 
of estrays in the city of Louisville are hereby repealed. 

§ 7. This ordinance to go into effect from and after its ap- 
proval by the Mayor. 

Approved September 16, 1895. 


STONE FROM KENTUCKY QUARRIES. 


AN ORDINANCE to require the use of stone from Kentucky 
quarries in the building and improving of curbs, and in 
eurbing and gutter-flagging in the city of Louisville. 


Be it orduned by the General Council of the city of Louisville: 


§ 1. That after the passage of this ordinance all contracts for 
building or improving curbs, and for curbing and gutter- 
flagging in said city, shall embrace a clause to the effect that 
such work shall be done with home or Kentucky rock, or stone 
from the quarries of this State, and no such contracts shall be 
made or be valid without such clause. 

§ 2. This ordinance shall take effect from and after its 
passage. 
Approved June 22, 1899. 


STREET CARS—STREET RAILWAYS. ATI 


STREET CARS. 


AN ORDINANCE requiring the heating of street cars in the 
city of Louisville. 


Be it ordained by the General Council of the city. of Lowisville: 


§ 1. That it shall be unlawful for any person, firm, or cor- 
poration to run or operate or cause to be run or operated any 
street-car along, on, or over any of the streets of the city of 
Louisville between the first day of November of any year, and 
the first day of April of the succeeding year, without provid- 
ing for heating such cars with electricity, or otherwise, so as \ 
to keep the temperature inside of such cars comfortable for 
passengers therein. 

§ 2. That any person, firm, or corporation that shall violate 
any provision of the first section of this ordinance shall be fined 
not less than $20, nor more than $100 for each offense, and for 
each day for each car that may be so run without being heated 
as aforesaid shall be a separate offense. 

§ 3. That the president and each of the officers or directors 
of any corporation, or any person, or the members of any firm 
controlling said car or cars and permitting the same to be run 
in violation of this ordinance, shall be subject to the same fine 
as provided in section 2 thereof. 

§ 4. That the policemen of the city of Louisville shall cause 
any car being run or operated in violation of this ordinance to 
be returned to the stable or car shed at once. 

§ 5. That this ordinance shall take effect from and after 
October 31, 1902. 

Approved January 13, 1902. 


STREET RAILWAYS. 


Prohibiting Riding on Steps, Jumping On or Off Without 
Intending to be a Passenger. 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. That no person (not an employe) shall ride upon the 
steps of any street car, nor shall any such person ride upon the 
ear, or Jump on and off the car without being or intending to 
_ be a passenger. 


A480 STREET RAILWAY—TAXES. 


§ 2. Any person violating:any of the provisions of this or- 
dinance shall be fined not less than two dollars nor more than 
ten dollars for each offense. 

§ 8. This ordinance shall take effect from its publication. 

Approved July 13, 1896. 


STREET RAILWAY. 
AN ORDINANCE eoncerning the speed of rapid transit cars. 
Be it ordained by the General Council of the city of Lowsvillez 


§ 1. That it shall be unlawful for any rapid transit street. 
railway car, operated by electricity, cable or other motive power 
to run at a speed greater than nine (9) miles per hour, between 
the Ohio river on the north, Broadway on the south, First street 
on the east, and Tenth street on the west. 

§ 2. Outside of the boundary named, and within the city 
limits, it shall be unlawful to run at a speed greater than 
tw elve (12) miles per hour. 

§ 3. Any violation of this ordinance will be subject to a 
fine of not less than five dollars nor more than ten dollars. 

§ 4. This ordinance shall take effect from and after its 
passage. : 

Approved October 8, 1895. 


TAXES. 
Appropriations—Partial. 


AN ORDINANCE making partial appropriations for the fiscal 
year ending August 31, 1908, viz: For the months of Sep- 
tember, October, November and December, 1907. 


Be it ordained by the General Council of the city of Lowsvilles 


\ 1. That there are hereby appropriated out of the revenue 
and sums borrowed or to be borrowed for the fiscal year ending 
August 31, 1908, the following sums for the first four months of 
the fiscal year, viz: September, October, November and De- 
eember, 1907, for the following purposes, to-wit: 


TAXES. ASL 








PCER DUE DORON Us cls saree a vets pk eke. $138,000 00 
MUPPET ALY UMLCL Gs ceca g see fies we dies Seas ees wn 135,650 00 
muomet CLOATHN ON, tints Seine eat sue. ss 64,000 00 
ICES CLOMID Me tds sens Poo ev elses Seeds 4,700 00 
Tecoustruciion streets... et wives oo 23,000 00 
PEPE eERI I OULOGLB nc cccspestett ats wes «22 age 53,000 00 
pm CO NS TUCTION 5 erect, acne. cokes a «2s 5,000 00 
PE TTE LING ees Fo te eer eee oes 3,900 00 
Home cor Aged. and Infirm vos. Soe ss 8,000 00 
STAIAORTDALE: er ty een are. es at ey 38,000 00 
PUPMIMAVEMLIOS PICA ee oles et chs tuts Pak ks 3,000 00 
OEP USGNY oe ree ON ee ee esa sata cane oe 11,000 00 
eeesner e eoartMeoi ewes bens cet 9,750 00 
Meteemat a ULC MaLOLY woke chs tc es aes 3,000 00 
Board’ of Public Works 2.7... f fey yal Feu 4,000 00 
Der PRTC OT mere Rosmnra onl he rele ew hoe ela sins 23,000 00 
Bere) ae ONS gir ce, tag Cree 4 ows 5,000 00 
Ee ate RUE ROE ied eg ed am a era 1,100 00 
Beet Ogee ee ee ce Oho Ses ove adie So 240 00 
PeNeTOUUCSte Cat eene ee ee es tics eke 440 00 
Pmemecr’s Department «........fs2.0.. 11,000 00 
So ToBI TS ARDDg aN 7 eee a ge ae a 3,000 00 
Mere Obie OXDCUSES! 2.7 ob.5 2 ccc sue lass 30,000 00 
PURUPENICG! us 84.2 15" Aone ee io 95 Se eos: 200 00 
PeDeC Or OL BTUCINGS 2s oc cee sy le wt 1,640 00 
OUT Ato a oe eee oe cle Op et ot: 8,000 00 
Penson stationery se c.ters ut ees 7,900 00 
Bem NCLWellsisy wrest at be ot eat seek 3,000 00 
terns! ce 24 aaah Os Sia keh ssh 52,000 00 
BMeomol OL LLAXGS: 82 tice sic Lek a eet as 4.000 00 
amin ex Pensegieereewolwes gee re ee 8,000 00 
Wweteraw Wiremen s: Home *....000. 0.5152. 200 00 
MEM MEALS #2 ee 8 pede ae a foes sive ous oe 0 450 00 
eon IMeCL VIC? & si saisls c.06 6 wtietce eine seers 1,000 00 
eGirerelammning. WALL ais vee sea o2sc 0d s 5,000 00 
Un STR IR. OG oP ory ee ee RP ie ae £669,370 00 


\ 
§ 2. That the City Treasurer be, and he is hereby directed 
to set apart the full sums of the several appropriations made in 
the preceding section for ‘‘secret service’’ and insurance, out 
of the revenue and funds from which said appropriations are 
made. 
§ 3. That this ordinance shall take effect from its passage- 
Approved September 13, 1907. 


AR2 TAXES—APPROPRIATIONS. 








TAXES. 
Appropriations—Partial. 


AN ORDINANCE making partial appropriations for the fiseal 
year ending August 31, 1908, viz: For the months of 
September, October, November and December, 1907. 


Bert ordained by the General Courcil of the city of Louisville: 


§ 1. That there are hereby appropriated out of the revenue 
-and sums borrowed or to be borrowed for the fiscal year end- 
ang August 31, 1908, the following sums for the first four 
months of said fiscal year, viz.: September, October, November, 
and December, 1907, for the following purposes, to-wit: 


POLICE MURDOSGS sod Corn eee ee eee $138,000 00 
Hires enarument. 2: wcciakes eae eee ae anne 135,650 00 
ptreetenleaning sy! .... <yrieea ice enene 64,000 00 
Sewerpc leaning. 4 avast eek eee ae 4,700 00 
Reconstriehion Streets” tee... eae ee 50,000 00 
Repairing wstreeis.4s so aes ee os pete 53,000 00 
DS WEL CONBERUCEION . <suc ved eae es per tenets ners 5,000. 00 
NOWRESTEDAITH wash once saa Oe apne eee 3,900 00 
Home for Aved and-Inftirm: oye: eee 8,000 00 
Cityiblospital saeco oy inc een ees 38,000 00 
Emuptive’: clospital*;c. .. 5 4 Cae tc ae 3,000 00 
Wore onse tices ths ae Glee Oe 11,000 00 
Assensons Department +... 1). sei. one ean 9,750 00 
Boardhor Public  saretyer we pea eee we 3,000 00 
BoandrotcPablicew orkstsye es eee 4,000 00 
LLY ROM Cera comnts PGR sr ae ia eee 23,000 00 
Gitysballtexpensea: 721 actweracen mins Mien ape 5,000 00 
CSTGINS Ya Sou ak areca ede cocatere pe tied ae 1,100 00 
Cemeteries 2.) aitwiton vere pale ne ieer Ae nes. 240 00 
Cityspounds is tetae te ere eres wer: 440 00 
Engineer’ Deéparimeniece eu me vee 2 11,000 00 
Gasolinedighty 8.2%: cobra cetera weet tee 3,000 ON 
Ineidental expenses tn awrnn tuieeer. souls ie 30.000 00 
Inguranee fk See enecis Foie ae ee ee 200 00 
Inspector of Buildings 42: sees Sta, eet 1,640 00 
Poliee Coury 2a ee ee ee ee 8,000 00 
Printing- dnd: statvonery.. ft sia 7,900 00 
Prmps and welipwe: \ eetees a eae ae 3,000 00 


Public Wiehts se ct, Berea ee pee re ees 52,000 00 


TAXES—APPROPRIATIONS. 4x3 





TOMB SEV GET OL GL ASOR Cerrar ioe ete ee Lae ae 4,000 00 
PREITY ST OXDONSOR o/s cer. alcls sce ovis ets leds 8,000 00 
Veteran Firemen’s Home ............... 200 00 
SPELT IE Mitr Fatt had ofamciatona aoe sins Wis gieterece 450 00 
MENG OICC) 9 out.t, Seats Ok eles Coes 1,000 00 
Memes re POLAINi A) WAI Ler sk ke SS ace kw oles 6,000 00 

fe S10 gs sO Eh ges ie SA Oe BN ee $696,370 OO 


§ 2. That the City Treasurer be, and he is hereby directed: 
te set apart the full sums of the several appropriations made- 
in the preceding section for ‘‘Secret Service’’ and Insurance,. 
out of the revenue and funds from which said appropriations 
are made. 

§ 3, That an ordinance entitled ‘‘An ordinance making 
partial appropriations for the fiscal year ending August 31, 
1908, viz.: for the months of September, October, November 
and December, 1907,’’ and all other ordinances inconsist.nt- 
herewith, are hereby repealed. 

§ 4. That this ordinance shall take effect from its passaye. 

Approved October 28, 1907. 


TAXES. 


Appropriations—Partial. 


AN ORDINANCE making partial appropriations for the fiscal 
year ending August 31, 1908, viz.: For the months of 
September, October, November and December, 1907. 


Be wt ordeined by the General Council of the city of Lowsvillez 


§ 1. That there are hereby appropriated out of the rev- 
enue and sums borrowed or to be borrowed, for the fiscal 
year ending August 31, 1908, the following sums for the first 
four months of said fiscal year, viz.: September, October, 
November and December, 1907, for the following purposes, 
to-wit: : 


PUP MADUTNUSCE Occ st Can Vee s saint ne mles,00U. 00 
GPE OA TIN OL Eo uk ii, Xoo tyke ors ties diate es 135,650 00 
MIMO AMIN ENN eee O0)  Foncil ye acc a0 Us essere eh 95,000 00 


errerPOTiniy ge Let Re eee 4.700 00 


ASA TAXES-—APPROPRIATIONS. 


Reconstruction strectsina 2 si, sos sees 50,000 00 
Repairing -Streausicc seks ca eee be 53,000 00 
Newer CONSEUCtION :.t.c7te a eeteeeeiate eve ates 5,000 00 
NOWEE TEPaITS ste 45s deh ee ee ee 3,900 00 
Homestor “Aged and-Inntms.9 a. s,s 8,000 00 
Grtyollospitalwr. sot ose oer eee. Seen ae 38,000 00 
EeruptivesHospitaly. «sete see eee ee 3,000 00 
WhorlkhGrisaes sto ese arg whee nto eee es 11,000 00 
Assessor's) Departments, st <1. vers ctelats ote 9,750 00 
Board wf Publiciaretye au sour. ee 3,000 00 
BoardfotyPublic? Works. wae. owen. tee 4,000 00 
City; Off cers’ areas pe eee amet oe: 23,000 00 
City t-Halb-expensestaeiae tae eee ae 5,000 00 . 
Cisherns sire cers Sie tons eeaerers Ein atataee etree ge 1,100 00 
Cemeteries so atria noe ee ees 240 00 
City Pounds As cee a ee ieee 440 00 
Bngineer’s Department wim. ore tere er 11,000 00 
Gasoline lights wk ts vars eee eee 3,000 00 
Incidental expenses: 2. os es eee 30,000 00 
UNSUPANCEME Se eS Oso cence hanes er 200 00 
Inspector ofsBuildings ..\.. een eee 1,640 00 
Police: CoUrtiein aie te eee ee 8,000 00 
Printing “and wstationery *, seen 7,900 00 
Poumpssand swells orc, ain tee een eres 3,000 00 
Pubheclights }.s5 ok eee ee ee ae eee 52,000 00 
Receiver ofeaxes:sieian ote wos on eet are 4,000 00 
Sanitaryexs Pewnses Wh . ies ioe Ce tee 8,000 00 
Veteran’ Hiremenss-ELomec nee ee 200 00 
Publingbath ance yes res eae en eee 450 00 
Necreteservieess nya. s/n ape een ere 1,000 00 
Gut-offsretaining availble. cick ree econ 6,000 00 
Othe. 2th ag eee, On eee $727,370 00 


§ 2. That the City Treasurer be, and he is hereby directed 
‘to set apart the full sums of the several appropriations made 
in the preceding section for ‘‘Seecret Service’’ and Insuranee, 
out of the revenue fast funds from which said appropriations 
are made. 

§ 3. That an eee entitled ‘‘An ordinance making 
partial DBL DE Aa for the fiscal year ending August 31, 
1908, viz.: for the months of September, October, November 
and December, 1907,’’ and all other ordinances inconsistent 
therewith, are hereby repealed. 

§ 4. That this ordinance shall take effect from its passage. 

Approved December 16, 1907. 


TAXES——APPROPRIATIONS. 


485 





TAXES. 


Appropriations. 


AN ORDINANCE making appropriations for the fiscal year 


ending August 31, 1908. 


se ut ordained by the General Council of the city of Lowsville: 


§ 1. That there are iereby appropriated for the specific 
purposes the several sums out of the ninety,five (95) per cent. 
of the estimated revenue from the respective levies made for 
the current fiscal year ending August 31, 1908, as set forth 
in the following sections of this ordinance for said fiscal year: 


§ 2. For police purposes from the levy for 
such purpose 

§ 3. For the Fire Department from the levy 
therefor 

& 4, For street cleaning from the levy for street 
and sewer cleaning 

§ 5. For sewer cleaning from the levy for street 
and sewer cleaning 

& 6. For reconstruction of streets from the levy 

for that purpose 

7. For street repairs from the levy for that 

purpose 

§ 8. For sewer construction “from the levy for 
the construction and repair of sewers 

§ 9. For sewer repairs from the levy for the 
construction and repair of sewers 

§ 10. For the following purposes from the levy 
for charitable institutions, viz: 

(1) Home for Aged and Infirm . $12,000 00 


Fan) 


(2) City Hospital Shae 52,000 00 
(3) Eruptive Hospital ee Saad, 5,000. 00 
(4) Workhouse .. mtr: 16,000 00— 


& 11. For the foliowing purposes from the levy 
for general purposes, viz: 


eines to City Hall), ¢ 0 .« » .'.$80,000 00 
Assessor’s Department. . . . 17,000 00 
Auditor’s Department . ..._ 1,000 00 
moard oo. Public Safety: . *..:) 4.» 6,500 00 
Boerd ot Public Works . ... 8,000 00 
Cemeteries . . Th Sees Oe 500 00 


eee woes aie 1s eed © 8.000500 


£235,000 00 
240,000 00 
130,000 00 

10,000 00 
105,000 00 
80,000 00 
7,000 00 
4,000 00 


CO 
a 


000 00 


4R6 TAXES—APPROPRIATIONS. 


City Buyer’s Department. ee 2 JOUSU0 
City Hall ERE nse ouee Parr emer UM MeO 
City officers. Pall tn Sie ea eon 
City spoundsyy ese see RAGE Hs 900 00 
Comptroller’s department Sn anes UO RUT 
Construction of flush hydrants . 4,000 00 
Cur-olt retaining. wvaliet eo ee Our 
Plestimed inspector 65 eae en ls 500 00 
Engineer’s Department . .  . 23,000 00 
Gas -Inspertoriy- oe aati a CL 
Gasoline dights.oo a4 et ae We eo, UU RU 
Incidental expenses See ore ees TMU Bante, 
Inspector of Buildings a ae NO 
ImSUranCes agen yl Res od NEE, 
Interest on city’s notes Ca te eee ULE 
Taw Department: iu aes a ee 
Legislative Department . . ._ 1,500 00 
Mayor's) Department. en) i) eo UU RE 
Oak-street viaduct ©. c's eo eget DOU OD 
Flumbing Department iis. dias 400 00 
Police Court. stale ee i ces CO 
Printing and Stationery: al cei Met OURO 
Publie’ baths... *:, racer Cardia Lae) 
Puble Dente s 20g. iis 4 he tage ene OC 
Pumpsyand swells ec), ape ee 
Recélyer sof, Taxes wie. pe ca eam ee Uae 
Sanitary expenses PD eaieay iy el aoa OO AG 
pecret SrviGGsis,.i aes ya pu ene od en eG) 
MPMOKE SIS HCChOL ng Laie ee 800 00 
Supervision of original construe- 

WOns se prea temery, PURE BLU ACS 
Treasurer’s Department ois thsi Sere GO 
Veteran Firemen’s Home . . . 800 00 
Weights and Measures’ ana 

WET His. kas: . 1,000 00— 


e190 Tha tein Padiiec i tie sum appropriated 
in Section 11 of this ordinance for public 
lights, there is also appropriated for that pur- 
pose the amount of dividend No. 38, estim- 
ated at $32,375.00, and also dividend No. 39, 
estimated at $22,375.00, or for whatever sum 
may be declared during the current fiscal 
year on the city’s stock in the Louisville Gas 
Company 


370,552 12 


64,750 00 


Grand total of appropriations for all purposes $1,331,302 11 


TAXES—-APPROPRIATIONS. A87 





§ 13. That the City Treasurer be, and he is hereby author- 
ized and directed to set apart the full amounts of the several 
appropriations in Section 11 of this ordinance for insurance, 
interest on city’s notes and secret service out of the collections 
of taxes under the levy for the current fiscal year for general 
purposes. 

§ 14. That the ordinance entitled ‘‘An ordinance making 
partial appropriations for the fiscal year ending August 31, 
1908, viz., for the months of September, October, November 
and December, 1907,’’ and approved December 16, 1907, and 
all other ordinances inconsistent herewith are hereby repealed. 

§ 15. That this ordinance shall take effect from and after 
its passage. 

Approved January 25, 1908. 


TAXES. 
Appropriations. 


AN ORDINANCE making appropriations for the fiscal year 
ending August 31, 1908. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That there are hereby appropriated for the specific 
purposes the several sums out of the ninety-five (95) per cent. 
of the estimated revenue from the respective levies made for 
the current fiscal year ending August 31, 1908, as set forth in 
the following sections of this ordinance, for said fiscal year: 


§ 2. For Police Purposes from the levy for 


such purpose. . _. $260,000 00 
§ 3. For the Fire Department from the levy 

therefor . . 240,000 00 
§ 4, For Street Cleaning from the levy. for 

Street and Sewer Cleaning. . 130,000 00 
§ 5. For Sewer Cleaning from the levy for 

Street and Sewer Cleaning. 10,000 00 
§ 6. For Reconstruction of Streets from the 

levy for that purpose. 1 70,000700 
§ 7. For Street Repairs from the levy for that 

wurpose:: .*.. . 110,000 00 


§ 8. For Sewer Construction from the levy 
for the Construction and Repair of Sewers . 7,000 00 


488 TA XES—APPROPRIATIONS. 





For Sewer Repairs from the levy for the 


ech and Repair of Sewers 4,000 00 
§ 10. For the following purposes peat the 
ae for Charitable Institutions, viz, 
(1) Home for Aged and Infirm . $15,000 00 
(2) 7 Orty Hospitaloe) ts ee ee Ol OCU 
(3) Eruptive Hospital tis es ee OGG Up 
(4)° Workhouse 25) Si 9S) Shae caret 9, OOO Ot == 99,000 00 
§ 11. For the following pur- 
poses from the levy for General 
Purposes, viz. : 
Wrikex io tray’ al ee ie eae $38,000 00 
Assessor’s Department ............. 17,000 00 
ANUCICOL 8 BLepartineltme oie eee 1,000 00 
Board<6. Fable: Satetye.c oak 6,500 00 
Board+of Public. Works. 44.4 tects 8,000 00 
COMeOTEriOs ii5 htt ete foe Rr eer ee 500 00 
(Haters. cote wee EL SP pe hea. 3,000 00 
City Buyer’s Department ......... 2,000 00 
City Hall expenses ..... Fe meats ge ae aa 11,000 00 
City offic ranch erste a ee ae eee 20,252 11 
City DouHds Tk Cane ae ees corse 900 00 
Comptroller’s Department ......... 2,500 00 
Construction of flush hydrants ...... 4.000 00 
Cut-off retainmg wall ............ 6,700 00 
HMlectrical Inspectoriews seen ee | 500 00 
Electrical Department ....... Bens 23,000 00 
Gas Tispector 40 iy ae Seika aie 1,000 00 
Gasoline livh ieee ens i ae ete 5,000 00 
Incidental expensés:. «7. ied .i5 5 50,000 00 
Inspector‘of Buildings 4 f..0%4 4.5 6,000 00 
Insurance eu beeet a eee See hy ti OOUGGU 
Interest on citys notes weak. ee 1,988 24 
Law (Departmenti tna: eae eerie 8,000 00 
Legislative Department ........... 2,000 00 
Mayor's Departnent.t.ateneee ee 3,000 00 
Oak street: viaducts eee 43,000 00 
Plumbing Department. 20 tue ee 450 00 
Pole Court: seu. cee ee EEN at 15,000 00 
Printing and: sfationety oiiwnes os, 17,000 00 
Poubhenbathig ieee wale eee eae 1,200 00 
Publiesligh ts fyser reste eee eee eee 40,000 00 
Pumps and? wells sc acre eee ieee 4,000 00 
Receiver of Taxed ian) gee ee 8,500 00 
Sanitary expenses tei, ee ee 15,200 00 


TAXES——APPROPRIATIONS. A89 





ESS Gc ee 1,800 00 
BeTE EN LUSH OTOL ci atv'< «'n/e wleieiaince a/00 ¢ 800 00 
Supervision of original construction. 10,000 00 
Treasurer’s Department ........... 1,700 00 
Veteran Firemen’s Home ......... 800 00 


Weights and Measures Department.. 1,000 00— 383,790 35 


§ 12. That in addition to the sum appropriated 
in section 11 of this ordinance for Public 
Lights, there is also appropriated for that 
purpose the amount of dividend No. 38, 
amounting to $32,375.00, and also dividend 
No. 39, estimated at $32,375.00, or for what- 
ever sum may be declared during the current 
fiscal year on the city’s stock in the Louis- 
Ree Por ae DALY Vi cca ia ore xk nts ee ake vw 64,750 00 


Grand total of appropriations for all pur- 
Ph ee ee ee PL aes hat BEKO, OF) ded 


§ 13. That the City Treasurer be, and he is hereby author- 
ized and directed to set apart the full amounts of the several 
appropriations in Section 11 of this ordimance for Insurance, 
Interest on City’s Notes and Secret Service, out of the collection 
of taxes under the levy for the current fiscal year for General 
Purposes. Naas 

§ 14. That the ordinance entitled, ‘‘An ordinance making 
appropriations for the fiscal year ending August 31, 1908,’’ and 
approved January 25, 1908, and all other ordinances incon- 
sistent herewith, are hereby repealed. 

§ 15. That this ordinance shall take effect from and after 
its passage. : 

Approved March 25, 1908. 


TAXES. 
Appropriations. 


AN ORDINANCE making appropriations for the fiscal year, 
ending August 31, 1908. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That there are hereby appropriated for the specific 
purposes the several sums out of the estimated revenues from 


490 TAXES—APPROPRIATIONS. 


the levy made for the current fiscal year and cash collections, 
as set forth in the following sections of this ordinance, for the 
current fiscal year, ending August 31, 1908: 


§ 2. For Police Purposes: 

(a) Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal year 
Tor-said Purposes... 4. sere 

(b) Out of the unexpended cash 
collections for said depart- 
ment over 95 per cent. from 
levies for years prior to 1906. . 

(c) Out of the unexpended cash 
collections for said depart- 
ment, under 95 per cent. from 
levies for years prior to 1908, 
re-appropriated ............ 


Total for Police Purposes ... 


§ 3. For Fire Department: 
(a) Out of the 95 per cent. of the 

estimated revenue from the 

levy for the current fiscal 


¢ 326,447 55 


5,905 90 


47,646 55 


year for said department ....$ 356,124 60 


(b) Out of the unexpended cash 
collections for said depart- 
ment over 95 per cent. from 
levies for years prior to 1906. . 
Out of the unexpended cash 
collections for said depart- 
ment under 95 per cent. from 
levies for years prior to 1908, 
PESAD PLO DTIELE wae eye eee 


(c 


nN 


Total for Fire Department... 


§ 4. For Street Cleaning: 

_Out of the 95 per cent. of the es- 
timated revenue from the levy 
for the current fiscal year for 
street and sewer cleaning.... 


§ 5. For Sewer Cleaning: 
(a) Out of the 95 per cent. of the 
estimated revenue from the 


6,092 58° 


20,782 82 


$ 380,000 00 


$ 383,000 00 


$ 183,400 82 


TAXES—APPROPRIATIONS. 


491 





levy for the current fiscal 

year for street and sewer 

DANE IT) ere aie secon es Tenet cy 9,500 
(b) Out of the unexpended cash 

eollections for street and 

sewer cleaning over the 95 per 

eent. from levies for years 

SEN aDTiGl sy VO Sia O Mt accion 2,730 
(c) Out of the unexpended cash 

collections for street and 

sewer cleaning under the 95 

per cent. from levies for 


Mearenpriur lOuLv0S: :. 62’. 52). 5,769 


Total for Sewer Cleaning.... 


§ 6. For Reconstruction of Streets: 
(a) Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal year 
for sald purpose ss... 2. £8" 178,062 
(b) Out of the unexpended cash 
collections for said purpose 
over the 95 per cent. from lev- 
ies for years prior to 1906.... 2,510 
(ce) Out of the unexpended cash 
collections for said purpose 
under the 95 per cent. from 
levies for years prior to 1908, 
EG-PODCO DEIAGCUUP a he. sale wal oe 16,989 
Total for reconstruction of 
BULCCOR pine Ni. tereiate «44 


§ 7. For Repairing Streets: 
(a) Ont of the 95 per cent. of the 

estimated revenue from the 

levy for the current fiscal 

year for said purpose ......¢ 118,708 
(b) Out of the unexpended cash 

collections for said purpose 

over the 95 per cent. from lev- 

ies for years prior to 1906.... 1,483 
(ce) Out of the unexpended cash 
collections for said purpose 
under the 95 per cent. from 


00 


27 


30 


58 


42, 


20 


86 


$18,000 00 


$ 197,562 30 


499 TAXES—APPROPRIATIONS. 





levies for years prior to 1908, 
reappropriated edive.. see tee 


Total for Repairing Streets. . 


§ 8. For Sewer Construction: 
Out of the 95 per cent. of the es- 
timated revenue from the levy 

for the current fiscal year for 
sewer construction and repairs 


§ 9. For Sewer Repairs: 

Out of the 95 per cent. of the es- 
timated revenue from the levy 
for the current fiscal year for 
sewer construction and repairs 


§ 10. For Home for Aged and 

Infirm : 

Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal year 
for charitable institutions .. 


§ 11. For City Hospital: 

(a) Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiseal year 
for charitable institutions... 

(b) Out of the unexpended cash 
collections for charitable insti- 
tutions over the 95 per cent. 
from levies for years prior to 
LOG ihe. Bites RO Ik oh eran hee: 

(c) Out of the unexpended cash 
collections for charitable in- 
stitutions under the 95 per 
cent. from levies for years 
prior to 1908, re-appropriated 


Total for City Hospital...... 


§ 12. For Eruptive Hospital: 
Out of the 95 per cent. of the es- 
timated revenue from the levy 
for the current fiscal year for 
charitable institutions ...... 


7,016 14 


$ 57,288 94 


2.218 06 


18,493 00 


$ 127,208 20 
$ 6,928 89 
4.200 00 


¢ 20,500 00 


$ 78,000 00 


€ 6500 00 


TAXES——APPROPRIATIONS. 193 








§ 13. For Work House: 
Out of the 95 per cent of the esti- 
mated revenue from the levy 
for the current fiscal year for 
charitable institutions ...... $ 27,000 00 


§ 14. For General Purposes: 
The fund available for appro- 
priations is made up as follows: 
(a) The 95 per cent. of the esti- 
mated revenue for the current 
fiscal year from the levy for 
BAL OTITPOses wets. ss ek ss ".$ 445,155 75 
(b) Unexpended cash collections 
from levies for said purposes 
prior to 1906, and being over 
BOS U OEE CONE Wetec e stsce sas 21,264 33 
(c) Unexpended cash collections 
from levies for said purposes 
prior to 1908, and being under 
the 95 per cent. re-appropri- 


RU AGE Ale DULCE AS | a 15,351 .04 
(d) Cash from City Departments 62,491 99 
Pewmeromy OUP» COStS a). sce ass 2,822 64 
Pie ron wYanenisges. oo. sc. <% 3,943 90 


(g) From Dividend No. 38 on 
City’s Gas stock, amounting 


OB NR li ee 32,375 00 
From Dividend No. 39 on City’s 

Gas stock, estimated at .... 32,375 00 
Making a total for General Pur- 

RCI ES WE «cet ko se woes ae ¢ 615,779 65 
Which is appropriated as follows: | 
Pamex Lootity Hall: * 220k ees. $ 43,000 00 
Assessor’s Department .......... 22,081 89 
Auditor’s Department .......... 1,833 28 
Board, OL. ublic-Satety. a0. ... 9,474 88 
Board of Public Works .......... 11,865 72 
ST UT oa ay ie ee 720 00 
REPO Ses hc oot oie cok vio 5 ois 4,500 00 
City Buyer’s Department ...... 3,959 58 
Piet alle OX CHER oi. acti estos 2 ale 17,000 00 
PVA HCORS 05 5 visto orev chase oss Livi 20,252 11 
PR OUA. Aa fond et cs 0 o8 6 dade 1,320 00 
Controller’s Department ........ 4,333 20 


Construction of flush hydrants.. 4,000 00 


494 TAXES—APPROPRIATIONS. 


Cut-oit retaining walle ena uae 6,700 00 
Biectrical, Inspéctor ives + sre 1,000 00 
Engineer’s Department ........ 33,200 00 
Gas Inspector ain sate ees Shab aja eg 
Gasoline nionts. ecient nee 5,000 00 
Incidental, expenses eon ee 80,000 00 
Tuspector of Buildings4-e ne 4,900 00 
ANiSUPANCEN: Asmat hehe ee ee 1,000 00 
Interestimon ; City s.n0tes 420 eae 1,988 24 
Law Departinent -tvsas 6s coe 14,719 92 
Legislative Department ........ 3,216 56 
Mayor's Department ices: see ee 5,346 56 
Oak-street visduct).< 5.2.5 een 53,000 00 
Plumbing Department .......... 950 00 
Police: Court.ct ce ee eee ee 23,600 00 
Printing ~and<statloneryss ....saet 21,000 00 
Piblie: Dathsrn cater, ae ee eae 1,600 00 
Public lLghts, including dividends 

On Gas StOCkan rere aaa 154,750 00 
Pumps and? wellstccta ae 8,400 00 
heceiver.or axes. ewer wee 11,444 79 
MAMItary \OXPCHSES soy pe epee 25,000 OO 
Seeret Hervice Moi Poe ees 1,800 00 
pmokeilnspectorha sees. ae tee 500 00 
Supervision of original construc- 

TOT tut ee mer ee me 9,000 O00 
Treasurer’s Department ........ 3,000 00) 
Veteran Firemen’s Home ........ 800 00 
Weights and Measures Department 749 97 

Total for General Purposes . . $ 615,779 65 








Grand Total of Appropria- 
tions for all purposes .. $2,048,079 86 


§ 15. That the City Treasurer be and he is hereby author- 
ized and directed to set apart the full amounts of the several 
appropriations in section 14 of this ordinance for insuranee, 
interest on city’s notes and secret service, out of the collee- 
tions of taxes under the levy for the current fiscal year for 
general purposes. 

§ 16. That the ordinance entitled ‘‘An ordinance making 
appropriations for the fiscal year, ending August 31, 1908,’’ ap- 
proved March 25, 1908, and all other ordinances in conflict 
herewith are hereby repealed. 

§ 17. That this ordinance shall take effect from its passage. 

Approved May 25, 1908. 


TAXES—APPROPRIATIONS. 


TAXES. 


Appropriations. 


495 


AN ORDINANCE making appropriations for the fiscal year 


ending August 31, 1908. 


Be it ordained by the General Council of the city of Lousville: 


§ 1. That there are hereby appropriated for the specific 


purposes the several sums out of the estimated revenues from 
the levy made for the current fiscal year and cash collections, 
as set forth in the following sections of this ordinance, for the 
current fiscal year ending August 31, 1908: 


(a) 


(b) 


(c) 


(d) 


(a) 


(b) 


§ 2. For Police Purposes: 


Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal year 
FOLSA IGA UL DOR Get lei. «a ieieee’ a 
Out of the unexpended cash 
collections for said depart- 
ment over 95 per cent. from 
levies for years prior to 1906.. 
Out of the unexpended cash 
collections for said depart- 
ment over 95 per cent. from 
levies for years prior to 1907 
Out of the unexpended cash 
collections for said depart- 
ment under 95 per cent. 
levies for years prior to 1908, 
TOAD UO DEIALEd in are oil cle cou) 


Total for Police Purposes.... 


§ 3. For Fire Department: 


Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal year 
for said department ........ 
Out of the unexpended cash 
collections for said depart- 
ment over 95 per cent. from 
levies for years prior to 1906 


$ 326,447 55 


5,905 90 


4.821 58 


47,646 55 


356,124 60 


6,092 58 


$ 384,821 58 


A9G TAXES—APPROPRIATIONS. 





(c) Out of the unexpended cash 
collections for said depart- 
ment over 95 per cent. from 
levies for years prior to 1907 


(d) Out of the unexpended cash 
collections for said depart- 
ment under 95 per cent. from 
levies for years prior to 1908, 
Te-APPLOPTIBLEd “wy piece 


Total for Fire Department. . 
§ 4. For Street Cleaning: — 
(a) Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal year 


5,076 39 


20,782 82 


for street and sewer cleaning.$ 185,700 82 


(b) There is also appropriated for 
street cleaning a part of the 
cash on hand to the eredit of 
‘Cash from City Depart- 
ments,’’,same being a part of 
the General Purpose Fund .. 


Total for Street Cleaning .. 


§ 5. For Sewer Cleaning: 

(a) The remainder of the 95 per 
cent. of the estimated revenue 
from the levy for the current 
fiscal vear for Street and 


Sewer Cleaning ease. ase $ 


(b) Out of the unexpended cash 
collections for street and 
sewer cleaning over the 95 per 
cent. from levies for years 
PEIOE GO! LOUG Ee Bue ete thee 


(c) Out of the unexpended cash 
collections for Street and 
Sewer Cleaning over the 95 
per cent. from levies for years 
TICE AO LOU fee eee ee 

(d) Out of the unexpended cash 
collections for Street and 
Sewer Cleaning under the 95 


5,700 00 


7,200 00 
2.730 27 


2314 94 


$ 388,076 39 


€ 191,400 82 


TAXES—APPROPRIATION 


TH 


497 





per cent. from levies for years 
er Re SS an 0,769 73 


Total for Sewer Cleaning.... $ 18,014 94 


§ 6. For Reconstruction of Streets: 
(a) Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal year 
Pela DULTOSG wt. fouls ease dt $ 178,062 30 


(p) Out of the unexpended cash 
collections for said purpose 
over the 95 per cent. from lev- 
ies for years prior to 1906.. DOU 
(ec) Out of the unexpended cash 
collections for said purpose 
over the 95 per cent. from lev- 
ies for years prior to 1907.... 2,085 
(d) Out of the unexpended cash 
collections for said purpose 
under the 95 per cent. from 
levies for years prior to 1908, 
PEO MPrOULIA LEC y's eve be 16,989 42 


Or 
CO 


~I 


Qo 


Total for Reconstruction of 
Be ber Ponte ter d Solna’. $ 199,648 03 


§ 7. For Repairing Streets: 
- (a) Out of the 95 per cent. of the 

estimated revenue from the 

levy for the current fiscal 

year for said purpose ...... $ 118,708 20 
(b) Out of the unexpended cash 

collections for said purpose 

over the 95 per cent. from 
_ levies for years prior to 1906 1,483 86 
(c) Out of the unexpended cash 

collections for said purpose 

over the 95 per cent. from 

levies for years prior to 1907 1,314 2 
(d) Out of the unexpended cash 

collections for said purpose 

under the 95 per cent. from 


Or 


498 TAXES—APPROPRIATIONS. 








levies for years prior to 1908, 
YEADDCUPLIALCO Me een eee 


Total for Repairing Streets. . 


§ 8. For Sewer Construction: 
Out of the 95 per cent. of the es- 
timated revenue from the levy 
for the current fiscal year for 
sewer construction and repairs 


§ 9. For Sewer Repairs: 

The remainder of the 95 per cent. 
of the estimated revenue 
from the levy for the current 
fiscal year for sewer construc- 
TION AI Te pairaeecws se 


§ 10. For Home for Aged and 

Infirm : 

(a) Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal 
year for Charitable Institu- 
PIOUS 4o Gy Soe to ae eter. 

(b) Out of the unexpended cash 
collections for Charitable In- 
stitutions over the 95 per 
cent. from levies for years 
DIIOPSLO ULOO Tee nena 


Total for Home for Aged and 
INTO rete ene 
§ 11. For City Hospital: 
(a) Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal year 


7,016 14 


¢ 20,500 00 


1,852 73 


for Charitable Institutions ..¢ 57,288 94 


(b) Out of the unexpended cash 
collections for Charitable In- 
stitutions over the 95 per cent. 
from levies for years prior to 
L906 Bree leet stenniy ante hs nae eee 

(ec) Out of the unexpended cash 
collections for Charitable In- 
stitutions under the 95 per 


2.218 06 


$ 128522 45 


$ 6,928 89 
$ 4,200 00 
$ 22.352 73 


TAXES—APPROPRIATIONS. 


cent. from levies for years 
prior to 1908, reappropriated 
(d) There is also appropriated 
for City Hospital a part of 
the cash on hand to the credit 
of ‘‘Cash from City Depart- 
ments,’’ same being a part of 
the General Purpose Fund .. 





18,493 


Total for City Hospital ... 


§ 12. For Eruptive Hospital: 
Out of the 95 per cent. of the es- 
timated revenue from the levy 
for the current fiscal year for 
Charitable Institutions ...... 


§ 138. For Workhouse: 

The remainder of the 95 per cent. 
of the estimated revenue from 
the levy for the current fiscal 
year for Charitable Institu- 
jo Eke heap eget eh. a a 


§ 14. For General Purposes: 
The fund available for appro- 
priation is made up as follows: 
(a) The 95 per cent. of the esti- 
mated revenue for the current 
fiscal year from the levy for 


BTU DOSOS eM ode 5 oie. 3)e 0% $ 445,155 


(b) Unexpended eash collections 
from levies for said purposes 
prior to 1906 and being over 
Besser CONG eee. cies see 

(ec) Unexpended cash collections 
from levies for said purpose 
prior to 1907, and being over 
Bee OOP DEL: CONbiy os. oat ess. 

(d) Unexpended eash collections 
from levies for said purposes 
prior to 1908, and being under 
the 95 per cent., reappropri- 
Be ee Pie ee Re cg aad) fe 

(e) Cash from City Departments 
Cash from City Departments 


21,264 


13,352 


15,351 


62,491 
18,696 : 


00 


10,000 00 


75 


~~ 


33 


$ 


$ 


499 





io 2) 
o.6) 


000 00 


6,500 00 


27,000 00 


500 TANES——APPROPRIATIONS. 





Less amount appropriated to street 
eleaning (see Yt) use. Peas 
Less amount appropriated to City 
Hospital (see § 11) $10,000.00 

SLD 10000 flere cee eee 

(Tah rom Qoutt COstsiers vo et 


Ce} Ome Pa CUESese ruyenic ee ven Ns 


(h) From Dividend No. 38 on 
City’s Gas stock, amounting 
LO CPE Noh bate JAA ae PEAS Fi 


From Dividend No. 39, on’ 


City’s Gas stock, amounting 
LO eee? Ap ae icc ee ae 


Making a total for General Pur- 
Dues DLR COS eee eee 
Which is appropriated as follows: 


ANNEX’ LOSI ye aL Wtelgy ee ees 


Assessor’s Department .......... 
Auditor's, Department 2. of, vee. 
Board: of -Publie Salety. ee 
Board of-PubleAyorks...c2 ene 
(GJemeteries 2 iat. csaeee meee 
CASTRYNIATO Wace yee es ee eee 
City Buyer’s Department ...... 
Citys Fl aliee menses. seer ee 
City SOMCeTS 1 Sea eee eee 
City POUNdS. vee woke sie ees 
Comptroller’s Department ...... 
Construction of flush hydrants .. 
Cut-off retaining wall .......... 
Electrical Inspector ............ 
Engineer’s Department ......... 
Gas Inspector? y oi: 4 suena 
Gasolines lights? Seen aden eee 
Incidental expenses ............ 
Inspector of Buildines, s2ser7- 
Tnsurangentigoe on vet ct eee 
Interest on City’s notes:........ 
Law: Departitienty.. an eet eee 
Legislative Department ........ 
Mayor’s Department {2 ee, 
Oak-street viaduciie... eine eee 


700 


Or 


2,996 
2,822 
1,362 
3,943 
1,238 


32.375 


43,000 
22.581 
9-133 
9.474 
11,857 
720 
4.500 
3,959 
17,000 
90,252 
1,320 
4.333 
4.000 
6,678 
750 
33,200 
934 
5,439 
94,985 
5,850 
611 
1,988 
14,936 
3,216 
5,346 
53,000 
716 


00 . 


o4 
64 


00— 


90 


40— 


00 


00— 


00 
89 
28 
88 
39 
00 
00 
D8 
00 
Tel, 
00 
20 
00 
03 
00 
00 
67 
37 
73 
00 
24 
24 
58 
56 
56 
00 
64 


65,488 53 
$4184 64 
5,182 30 


60,125 00 


$ 630,104 OL 


TAXES—APPROPRIATIONS. ‘ DO 1 

















Oo ES ee Oe a 23,065 00 
Printing and stationery ........ 21,000 00 
PURER MURL SWRI Sig Ghd a x 8 1,600 00 
Publie lghts, including dividends 
Pee OP SEU G IA ee cece ees Se 155,125 00 
RRETURIE PTH WELLS isle es ys ss 5 oc 8,400 00 
RUMORMOE Lal GXOS oak sw. 6 sess 11,444 79 
etary OX PCNSeS vc. es. sce. s 24,000 00 
Secret Service ...... Lo er Rae ee 1,800 00 
BORLA DECtO 66's... eee cess 500 00 
Supervision of original construc- 
ind Sculd AS eRe a sia ea 5,900 00 
Treasurer’s Department ........ 3,000 30 
Veteran Firemen’s Home ........ 800 00 
Weights and Measures Department 749 97 
Total for General Purposes. . € 630,104 OL 
Grand Total of Appropriations 
TORRE ULpOSes 4 oss. $2,095,569 89 


§ 15. That the City Treasurer be and he is hereby author. 
ized and directed to set apart the full amounts of the several 
appropriations in section 14 of this ordinance for insurance, 
interest on city’s notes and secret service, out of the collec- 
tions of taxes under the levy for the current fiscal year for gen- 
eral purposes. 

§ 16. That the ordinance entitled, ‘‘An Ordinance making 
appropriations for the fiscal year ending August 31, 1908,’” 
approved May 25, 1908, and all other ordinanees in conflict here- 
with are hereby repealed. 

§ 17. That this ordinance shall take effect from its passage. 

Approved August 10, 1908. 


TAXES. 


AN ORDINANCE making partial appropriations for the fiseal 
year ending August 31, 1909, viz.: For the months of 
September, October, November and December, 1908. — 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That there are hereby appropriated out of the revenue 
and sums borrowed or to be borrowed, for the fiscal year end- 


502 TAXES——APPROPRIATIONS. 


ing August 31, 1909, the following sums for the first four 
months of said fiscal year, viz.: September, October, November 


and December, 1908, for the following purposes, to-wit: 


‘Police: purposes! oa. ee ee eee ee eae eee $133,000 
Hire “Departments. acess tte amt Sipe trea ater, Meee reste eee 126,000 
Street -icleanins ei has wy be eee ees eee eens 75,000 
Sewer cleanin wissen Oe ake Sans eee 10,000 
‘Reconstruction of streets. Yaw eee en ee tee 75,000 
Repairing 0L Streets ime. c va neers eee tet 45,000 
DEWEY GONSETUCLION pees cclree iin eee tie nities eee ae 50,000 
ewer /Tepalrs 4s. 4. cme as es Ree ak eee ee eae 2,200 
Tomeifor A rediand i niirit jeri, eek, eee eee 8,000 
Mity  ELOSPItal i: cic fetes rete Lr eee eee 30,000 
Hruptive :EOsSpita lly. cre eee ater tee ties mre, tee ee 3,000 
Workhouse. 2. i enters ea hie eee een ene ee 12,500 
Annex: 'to City. Hall ge) 3 a ie, Serene eee 7,000 
Assessor/s Déepartmenticn ine ch cenet ieee anne 10,000 
iAuditon’s Departmentice nsec Cale eee 1,400 
‘Board: of Buble Safety ssa. scree a ee ee 3,400 
Board of Public Works 5 oh ee ee 4,000 
TWemeteries ae 15.25 weil acn alnds a oka ene te ee Og 300 
CAISTEIDS a esos wie ets oi saat ate ony Si ee een ee 
Gity Buyer’s Department |... 2. cite ier eee tee tee 2,000 
City Hall ex penseg yi vacsie 4 sieiceSe meee eee ce en 10,000 
TILEY “DOUNGSE 0 inte fs stale to oy eee OR ie pee en 500 
Comptroller’s (Departinen Gg: eee tee 2,200 
Engineer's Department «a... Qu eee ee eee 10,000 
<tns Inspector tee seen ERE REN Ow | aed 8 fe ep 600 
Incidental*éxpenses: <0. Loe se caren relat eee ene 10,000 
Inspector of Buildings Department V2.7. 5. ..5 4.200 
JNSTEAN CB. oid fas en pieced terre Cer RE Tene 2,000 
aw, Department i cmiv ena ote tete ie eae ee 8,300 
Legislative: Department... anc one. 4a ee eee 1,600 
Mayor’s; Department. (2) ke ee ot eee ee 2,700 
Oak-street. Viaduet: fot es, Ane ee ele ee 10,000 
Police, Comrtiistncstisois cree eeetee Sac Sitti ick ae ete 8,000 
Printing. and ‘stationery y clea.) hein. caer 7,000 
Publiesbaths sq <cta wai pic ores Lea actieie eee ee eee 400 
Publie Uighte ieee eee se ne 55,000 
Pumps and wells? i405, Gs ahiee miericeee eee en 2,000 
Receiver ol Taxes ifueaa vines chee tee eee ete 4.000 
Hanitary VOX penses | Asai.cee de eke le eee eee 9,000 
Secret. Service sage ane selec lee ce eee ee ee 2,500 
Supervision of original construction .............. 1,800 


‘Treasurer’s Departments : a. i aect eens eee 1,700 


00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 





TAXES——APPROPRIATIONS. 503 
Pretmratrerirdien Ss HOMG . os k. ee ve ee aes 200 00 
Weights and Measures Department .............. 800 00 

RS ed 2 ay 0 oR EO ee ee $754,400 00 


§ 2. That the City Treasurer be and he is hereby directed 
to set apart the full sums of the several appropriatons made 
in the preceding section for ‘‘Secret Service’’ and insurance out 
of the revenue and funds from which said appropriations are 
made. 

§ 3. That this ordinance shall take effect from its passage. 

Approved September 16, 1908. 


TAXES. 
Appropriations. 


AN ORDINANCE making appropriations for the fiscal year 
ending August 31, 1909. 


Be it ordained by the Generat Councib of the city of Lowsville: 


§ 1. That there are hereby appropriated for the specific 
purposes the several sums out of the ninety-five (95) per cent. 
of the estimated revenue from the respective levies made for 
the current fiscal year ending August 31, 1909, as set forth in 
the following sections of this ordinance for said fiscal year: 


§ 2. For police purposes, from 

the levy for such purpose..$ 260,000 00 
§ 8. For the Fire Department, 

from the levy therefor .... 215,000 00 
§ 4. For street cleaning, from the 

levy for street and sewer 

BRCAIE Op emit Gl. bAtisese etc kes 136,000 00 
§ 5. For sewer cleaning, from 

the levy for street and sewer : 

SHOUTS 5 Ae 12,000 00 
§ 6. For reconstruction of streets, 

from the levy for that purpose 202,000 00 
§ 7. For street repairs, from the 

levy for that purpose ...... 112,000 00 
§ 8. For sewer construction, from 


504. TAXES——-APPROPRIATIONS. 








the levy for the construction 
and repair of sewers ........ 60,000 00 
§ 9..For sewer repairs, from the 
levy for the construction and 
repair Ol Sewers. ce A eee 6,000 00 
§ 10. For the following purposes, from the levy for charitable 
purposes, Viz: 
(1) Home for Aged 
and Infirm....¢ 17,000 00 


(2) City Hospital. . 51,000 00 
(3) Eruptive Hos- 
Dita eta ae 4.300 00 
(4) Workhouse .. 17,000 00— $89,300, 00 


§ 11. For the following purposes, from the levy for general 
purposes, viz: 


Anwex sto City, ball, vee eee oe $ 16,000 00 
Assessor’s Department .......... 18,000 00 
Auditor's; Department es: eee 2,640 O00 
Board’ of Pubhe Sarety 2.0 6,200 00 
Board 0r Puplie Wy orks 5 tac 8,000 00 
Cemeteries eis ee ee eee 500 00 
CistePny Xk We Sle ee eee 2,200 00 
City Buyer’s Department ...... 4,000 00 
City} Hall sexpenses sr. Oe see cee 17,000 00 
Gity pounds: i a7 ee ee eee 900 00 
Comptroller’s Department ...... 4.400 00 
Iingineer’s Department ......... 22,000 00 
Gaseingpector oie Bey Gas 1,200 00 
Incidental expenses ............ 50,000 00 
Inspection of Building Depart- 

Taené /..2)) he seen es 9,000 00 
IMSUTENGCE.. ota k eee, eo. keene 2,000 00 
Liaw Departmentp tein eee Le 17,000 00 
Legislative Department :........ 3,000 00 
Mayor’s: Departmenti{) 1.2 oem ae 5,400 00 
Oak-street Viadtietin eee cee’ oe 20,000 00 
PolicetCourt.. .n5 a. sake ae nae 16,000 00 
Printing and stationery ......%4 15,000 00 
Publies baths. othe emer 1,100 00 
Pabliedicnts "2c eee eee 65,000 00 
Pumps *and welle- tyes. cee. 6,200 00 
Receiver of Taxes 0, eee 8,200 00 
Sanitary 2 ex penweste ies ce Sls cule 20,000 00 


Secret services... a ae teeeene 2,500 00 


TAXES 





APPROPRIATIONS. 505 





Supervision of original construc- 


Ss ig Ea as ia 6,500 00 
Treasurer’s Department ........ 3,900 00 
Veteran Firemen’s Home ........ 500 00 
Weights and Measures Department 1,500 00 
Baverest on Citys notes........... 5,900 00—$1,453,240 00 


§ 12. That in addition to the sum 
appropriated in Section 11 
of this ordinance for puble 
lights, there is also appropri- 
ated for that purpose the 
amount of dividend No. 40, 
estimated at $23,125.00, and 
also dividend No. 41, esti- 
mated at $23,125.00, or for 
whatever sum may be de- 
elared during the current 
fiscal year'on the city’s stock 

- in the Louisville Gas Com- 
Pare. me Aga, Z 46,250 00 


Grand Total of Appropriations 
Meee POORER coe .c.ys's $1,499,490 00 


§ 13. That the City Treasurer be, and he is hereby author- 
ized and directed to set apart the full amounts of the several 
appropriations in Section 11 of this ordinance for insurance, in- 
terest on city’s notes and secret service, out of the collection of 
taxes under the levy for the current fiscal year for general 
purposes. 

§ 14. That the ordinance entitled, ‘‘An ordinance making 
partial appropriations for the fiscal year ending August 31, 
1909, viz: for the months of September, October, November and 
December, 1908,’’ and approved September 16, 1908, and all 
other ordinances inconsistent herewith, are hereby repealed. 

§ 15. That this ordinance shall take effect from and after 
its passage. 

- Approved January 22, 1909. 


506 TAXES——APPROPRIATIONS. 





TAXES. 
Appropriations. 


AN ORDINANCE making appropriations for the fiseal year 
ending August 31, 1909. 


Be it ordained by the General Cauncil of the city of Lowsvilles 


§ 1. That there are hereby appropriated for the specific — 
purposes, the several sums out of the estimated revenues from 
the levy made for the current fiscal year, and cash collections, 
as set forth in the following sections of this ordinance, for the 
current fiscal year, ending August 31, 1909: 
§ 2. For Police Purposes: 
(a) Out of the 95 per cent. of the 

estimated revenue from the 

levy for the current fiscal year 

for.said purposes, sees ee $ 359,236 80 
(b) Out of the unexpended cash 

collections for said depart- 

ment over the 95 per cent. 

from levies for years prior to 

AQOS) cre aay ct ase ee eee Meee 9,486 58 
(c) Out of the unexpended cash 

collections for said depart- 

ment under the 95 per cent. 

from levies for years prior to 

1909, reappropriated ........ 16,000 00 


Total for Police Purposes ... $ 384,723 38 


§ 3. For Fire Department: 
(a) Out ol ine 95 per cent. of the 

estimated revenue from the 

levy for the current fiscal year 

for said department ........ 321,816 30 
(b) Out of the unexpended cash 

collections for said depart- 

ment over the 95 per cent. 

from levies for years prior to 

LOOS bs sta ca ee eee 10,219 69 
(ec) Out of the unexpended cash 

collections for said depart- 

ment under the 95 per cent. 


—- v vis VS ad 
TAXES APPROPRIATIONS. 507 





from levies for years prior to 
1909, reappropriated ........ 24,000 00 


Total for Fire Department .. $ 356,085 99 


§ 4. For Street Cleaning: 

(a) Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal 


year for street and sewer 
cleaning ..... Ve eh ce, $: 169,102 50 


{b) Out of the unexpended cash 
collections for street and 
sewer cleaning, being over the 
95 per cent. from levies for 
wearar prior to. 1908° 52... 4.914 03 


{c) Out of the unexpended cash 
collections for street and 
sewer cleaning, being under 
the 95 per cent. from levies for 
years prior to 1909, reappro- 
(i USS Le ad age AEB eT ee 14,000 00 


—-——_. a 


Total for Street Cleaning .... $ 188,016 53 





§ 5. For Sewer Cleaning: 
The remainder of the 95 per cent. 

of the estimated revenue from 

the levy for the current fiscal 


year for street and sewer 
CSG a ee SE dR ea ¢ 18,000 00 


§ 6. For Reconstruction of Streets: 
{a) Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal 
year for said purpose ......$ 202,070 70 


(b) Out of the unexpended cash 

collections for said purpose 

over the 95 per cent. from lev- 

les for years prior to 1908.. 4.237 13 
{c) Out of the unexpended cash 

collections for said purpose 

under the 95 per cent. from 


508 


(a) 


(b) 


(c) 


TAXES—APPROPRIATIONS. 





levies for years prior to 1909, 
reappropriated aise on 12,000 00 
Total for Reconstruction of 

Directs sp AAs. eee ete etka LOU tk ee 


) 7. For Repairing Streets: 


Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal 
year for said purpose........ $ {12,261 50 
Out of the unexpended cash 
collections for said purpose 
over the 95 per cent. from 
levies for years prior to 1908 2,653 95 
Out of the unexpended cash 
colections for said purposes 
under the 95 per cent. from 
levies for years prior to 1909, 
TEBPPLOprialed fc oes eee 8,000 00 


Total for Repairing Streets .. 


§ 8. For Sewer Censtruction: 


Out of the 95 per cent. of the esti- 


mated revenue from the levy 
for the current fiscal year for 
sewer construction and repairs 


§9. For Sewer Repairs: 


The remainder of the 95 per cent. 


of the estimated. revenue from 
the levy for the current fiscal 
year for sewer construction 
AGATE PAS teen eee as 


§ 10. For Home for Aged and 


Infirm : 
Out of the 95 per cent. of the esti- 


mated revenue from the levy 
for the current fiscal year for 
charitable institutions ...... 


§ 11. For City Hospital: 


Out of the 95 per cent. of the esti- 


mated revenue from the levy 


Ne See 


$ 122,915 45 


$ 


67,000 00 


7,841, 00 


24,0110 00 


TAXES——APPROPRIATIONS. 





for the current fiscal year for 
charitable institutions ...... 


§ 12. For Eruptive Hospital: 


Out of the 95 per cent. of the esti- 


(a) 


(b) 


{c) 


(b) 


(c) 


mated revenue from the levy 


for the current fiscal year for 
charitable institutions ...... 


§ 18. For Workhouse: 


The remainder of the 95 per 
cent. of the estimated revenue 
from the levy for the current 
fiscal year for charitable insti- 
MAIS eat oe cee eels pet ilac ds 


Out of the unexpended cash 
collections for charitable in- 
stitutions over the 95 per cent. 
from levies for years prior to 
(PELL od Bia ia at a aeeaat ea 
Out of the unexpended cash 
collections for charitable in- 
stitutions under the 95 per 
cent. from levies for years 
prior to 1909, reappropriated 





Total for Workhouse ...... 


§ 14. For General Purposes: 
The fund available for appropriation is made up as follows: 


{a). 


The 95 per cent. of the esti- 
mated revenue for the current 
fiscal year from the levy for 
Ratt DUL DOSES ee nein ce 
The unexpended cash collec- 
tions from levies for said pur- 
poses prior to 1908, and being 
over the 95 per cent. ...... 
The unexpended eash collec- 
tions from levies for said pur- 
poses prior to 1909, and being 
under the 95 per cent. reap- 
BOTA ALE re ete oe ole x os nies 


{d) Cash from city departments. 


(e) 


HOM COUP COStS: vo... o.4%). 


Creat rom, franchises)... .. i... .. 








509 
85,540 00 
9.5110 00 

19,455 85 

3,679 27 

2.500 00 
$25,635 12 


$ 404,141 40 


22.395 97 


62,000 00 
33.955 63 
2.944 43 
6,515 90 


510 TA XES——APPROPRIATIONS. 


(g) From dividend No. 40 on 
city’s gas stock, amounting, 
i Re arene aera he ate layin Parmhe Pone rea | as 8 23,125 00 


From dividend No. 41 on 
on city’s gas stock, estimated 


Abeta Wer sstarh ey ati Ee eee 23,125 00 

Making a Total for General 

PUrposesire: vse pice ices. 
which is appropriated as follows: 
Annex to. City tall tee toner eu $ 27,500 00 
Assessor’s Department ........... 21,981 00 
AuditorissDepartment 252 alae 3,625 00 
Board Obse ublicuparely weer 8,756 60 
Board: ot Rublics Works.» eure set 10,980 25 
Cemeteries wets fee on ce ees eee 7,450 00 
CHSLGTNIS ius aie ska lcsarcsater oad eke eee ee 3,000 00 
City Buyers Department... 02... 2. 5,000,00 
Gity tHallvexpensesige. «7h aeen tee 21,000 00 
City. (Pound s..070.0. a coe ee 1,345 00 
Comptroller’s Department........ 6,000 00 
Engineer’s Department .......... 32,000 00 
Gas-Inspectorec 2 te ics en eee eee 1,800 00 
Incidental: expenses e..a4. 4. ees 85,000 00 
Inspection of Buildings’ Depart- 

Department rary ase ss eee ee eens 11,252 40 
Insurance ws gays cs ee ne wet aa 2,500 00 
liaw ‘Department i.e). 22,786,30 
Legislature Department.......... 4,200 00 
Mayor’s2Department®.- 2... .ken ieee 7,420 00 
Oak-street viaduct......... NEN at .22,500 00 
Police: Connie oar ak eee eee 23,500 00 
Printing. and stationery ......0.. 2 19,000 00 
Public; bathssiaien. eu ieerte oe iae 1,600 00 
Publi lights, including dividends 

On Pas StOck ye nia. eee ees 151,000 00 
Pumps4and sells se ee tees 7,900 00 
Receiver.of Taxes ..........025- 11,280 00 
Panitary expenses ich awe ele 25,500 00 
PeScrot: Services: cee ee eee 2,500 00 
Supervision of original construc- 

TIOM Leis eh Ree ea eae eee 7,000 00 
Treasurer’s Department .......... 4,600 00 


Veteran Firemen’s Home ........ 900 00 


$577,503 33 


TAXES——APPROPRIATIONS. 511 





Weights and Measures’ Depart- 


BPTI e yh AL diel geen es eases bie 2,220 00 
Bicerest ON City's notes... . soe... 2. 5,056 78 
Livestock Inspector’s Department. . 800 00 
Improvements on old City Hall.... 7,500 00 
Total for General Purposes.... & 571,003.33 





Grand Total of Appropriations 
BOT ae COT POROS oie e. os $2,084,978 63 


§ 15. That the City Treasurer be, and is hereby authorized 
and directed to set apart the full amount of the several ap- 
propriations in Section 14 of this ordinance for insurance, in- 
terest on city’s notes and secret service, out of the collections 
cf taxes under the levy for the current fiscal year for general 
purposes. 

§ 16. That the ordinance entitled, ‘‘An ordinance making 
appropriations for the fiscal year, ending August 31, 1909,’’ ap- 
proved January 22, 1909, and all other ordinances in conflict 
herewith, are hereby repealed. 

§ 17. That this ordinance shall take effect from its passage. 

Approved May 31, 1909. 


TAXES. 
Appropriations. 


AN ORDINANCE making appropriations for the fiscal year 
ending August 21, 1909. 


Be it ordained by the General Council of the city of Lousville: 


§ 1. That there are hereby appropriated for the specific 
purposes, the several sums out of the estimated revenues from 
the levy made for the current fiscal year, and cash collections, 
as set forth in the following sections of this ordinance, for the 
current fiscal year, ending August 31, 1909: 


§ 2. For Police Purposes: 
(a) Out of the 95 per cent. of the 
estimated revenue from the 


512 TAXES——APPROPRIATIONS. 


(b) 


(¢) 


(a) 


(b) 


(c) 


(a) 


(b) 


(c) 





levy for the current fiscal year | 
for Said purpose eee ree $ 359,236 80 


Out of the unexpended cash 
collections for said depart- 
ment over the 95 per cent. 
from levies for years prior to 
LOUS Wien Je ge Ne oath ieee ea ea fs 9,486 58 
Out of the unexpended cash 
collections for said department 
under the 95 per cent. from 
levies for years prior to 1909, 


PEANDrOPEBUeU a tee te 16,000 00 


—__. 


Total for Police Purposes .... 


§ 3. For Fire Department :— 


Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal year 
for:said) departments. 0 nas 321,816 30 


Out of the unexpended cash 
collections for said depart- 
ment over the 95 per cent. 
from levies for years prior to 
TODS iSelect eas oan mee eee 10,219.69 


Out of the unexpended cash 
collections for said depart- 
ment under the 95 per cent. 
from levies for years prior to 


1909, reappropriated ...... 24,000 000 


Total for Fire Department. . 


§ 4. For Street Cleaning: 

Out of the 95 per cent. of the 

estimated revenue from the 

levy for the current fiscal year 

for street and sewer cleaning..$ 169,102 50 


Out of the unexpended cash 
collections for street and 
sewer cleaning, being over the 
95 per cent. from levies for 
VeOaLS PTi0T; 10 TOOL he ie os 4.914 J3 
Out of the unexpended cash 
collections for street and 


$ 384,723 38 


356,035 99 


TAXES—APPROPRIATIONS. 


sewer cleaning, being under 
the 95 per cent. from levies 
for years prior to 1909, re- 


PP COTIALOUC Gos phe eish tite 14,000 00 


Total for Street Cleaning .. 


§ 5. For Sewer Cleaning: 

The remainder of the 95 per cent. 
of the estimated revenue from 
the levy for the current fiscal 
vear for street and sewer 
UO CTNTT gee aT joe eae 


§ 6. For Reconstruction of Streets: 


(a) Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal year 
fen oats DUrpOseS w.<. 0... 8.) 202,070 


(b) Out of the unexpended cash 
collections for said purpose 
over the 95 per cent. from levy- 
ies for years prior to 1908.... 4.237 


(ce) Out of the unexpended cash 
collections for said purposes 
under the 95 per cent. from 
levies for years prior to 1909, 


ROL DIMALO Ue ol a. cog cr 12,000 


Total for Reconstruction of 
Be RPG Gh ay tees, “ety se ok 


§ 7. For Repairing Streets: 


(a) Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal year 
TOE paid (UIPOSe ... 54st ass 112,261 


(b) Out of the unexpended cash 
collections for said purpose 
over the 95 per cent. from 
levies for years prior to 1908 2,653 
(ce) Out of the unexpended cash 
collections for said purposes 
under the 95 per cent. from 
levies for years prior to 1909, 





70 


13 


00 


50 


95 


Ol 
| meted 
es) 


$ 188,016 52 


18,000 00 


514 TAXES——-APPROPRIATIONS. 


FéADOLOPLIatCUme Ane ean ei eee 8,000 00 
Total foreieparin ep ireeu,.. eek. ere eee $ 122,915 45 


§ 8. For Sewer Construction: 
Out of the 95 per cent. of the esti- 
mated revenue from the levy 
for the current fiscal year for 
sewer construction and re- 
DAMS eee ius ie A ees sev ee 67,000 00 


§ 9. For Sewer Repairs: 
“\"he remainder of the 95 per cent. 
of the estimated revenue from 
the levy for the current fiscal 
year for sewer construction . 
ANGITEDAINt oeeeeINe Gece ee 7,841 00 


§ 10. For Home for Aged and 
Infirm : 
Out of the 95 per cent. of the es- 
timated revenue from the levy 
for the current fiscal year for 
charitable institutions ...... 24,000 00 


§ 11. For City Hospital: 
Out of the 95 per cent. of the esti- 
mated revenue from the levy 
for the current fiscal year for 
charitable institutions ...... 85,500 00 


§ 12. For Eruptive Hospital: 
Out of the 95 per cent. of the esti- 
mated revenue from the levy 
for the current fiscal year for 
charitable institutions ...... 9,500 00 


§ 13. For Work House: 
<a) The remainder of the 95 per 

cent. of the estimated revenue 

from the levy for the current 

fiscal year for charitable in- 

StItUtiONns “ae ee ee ¢ 19,455 85 
<b) Out of the unexpended cash 

collections for charitable in- 

stitutions over the 95 per cent. 


TAXES—APPROPRIATIONS. 


from levies for years prior 
vo? 4 SI bee sane Seed Se 


(c) Out of the unexpended cash 
eollections for charitable in- 
stitutions, under the 95 per 
cent. from levies for vears 
prior to 1909, reappropriated 


Total for Work House ...... 


§ 14. For General Purposes: 
The fund available for appro- 
priations is made up as follows: 
(a) The 95 per cent. of the esti- 
mated revenue for the current 
fiscal year from the levy for 


3,679 


7 


Sap ur posed we ae ate: 404,141 


(b) The unexpended cash collec- 
tions from levies for said pur- 
poses prior to 1908, and being 
over the 95 per cent ........ 

ee Sey 
10,580 74— 
(c) The unexpended eash collec- 
tions from levies for said pur- 
poses prior to 1909, and being 
under 95 per cent., reappropri- 
OSes, Jere ege 6 ae ea 
(d) Cash from city departments 
$33,955. 63 

17,458 68— 

SemerOm-WOOourt COSts eas... tess 
$ 2,244 43 

545 12— 
fete rom iranchises=) .< < .-.s0%. 
$6,515 90 

2,206 50— 

(g)From dividend No. 40 on 
City’s Gas stock, amounting 


rom dividend No. 41 on City’s 
Gas stock, amounting to .... 


Making a total for General 
BUT ORCA ce WAR bs 


68,441 


51,414 


2,189 


00 


40 


98 


31 


40 


00 


dD 00 


515 


$ 614,736 35 


516 TAXES—APPROPRIATIONS. 





Which is appropriated as follows: 


Annex to Citvaialwn Gy) se tone $ 


Assessor’s Department .......... 
Auditor’s Department 32. a5. ee 
Board‘ of Publie:Satetyena ae. oe 
Board: of Publics Works? wea ae 
Cemeteries "ck oie ey eee a ee 
Cisteris G27". ee ened eee 
City Buyer’s Department ....... 
City Hallexpensese..- 5 sears oe 
City (Pounds): er mae eee 
Comptroller’s Department ...... 
angineer’s Department ..4 +6 5-4. 
as Inspectorate 
Incidental expenses ............. 
Inspection of Buildings Depart- 

INLET Sls Fag oat etek Bee tee 
Instiran Cet: bo ied cee eee 
Law Department aw eae 


Legislative. Department ......... 


Mayor's Department: oor 2. oe. on 
Oakstreet viaduet ss aie comer 
Police Courts ties eee ee 
Printing “and stationery aa een, 
Pubhe” baths. 22 ay vane ae eee 
Puble lghts, including dividends 

ON PAS 'SLOCK =) aN ee aire at 
Pumps and webleis: ee ee 
Recénvercol YPaxes a0 ws. cee 
ANILALy EX Penses ay ee ee ee 
DeCTeb SEIVICE: Gia we me ice ee ae 
Supervision of original construc- 

CLOT Ak eee ete ene el ea 
“Treasurer’s Department ........ 
Veteran Firemen’s Home ........ 
Weights and Measures Depart- 

Ment). A ee ee ee eee 
AInterest‘on city’s notes o) 5.205 
hivestock Inspector’s Department 
Improvements on old City Hall.. 


Total for General Purposes. . 


Grand Total of Appropria- 
tions for all Purposes ...... 


27,500 
23,580 
3,949 
9 602 
11,964 
7,450 
3,500 
5,999 
23.000 
1,345 
6,499 
35,000 
1,800 
92.000 


12,399 
2500 
24.818 
4.400 
8,019 
22.500 
24,000 
20,000 
1,600 


164,000 
8,400 
12,130 
28 000 
2500 


8,000 
4.999 
900 


2,290) 
5,056 

600 
4.500 


00 
87 
92 
17 
O9 
00 
00 
88 
00 
00 
80 


00. 


00 
00 


15 
00 
93 
00 
84 
00 
00 
00 
00 


00 
00 
00 
00 
00 


00 
92 
00 


00 
78 
00 
00 





¢ 614,736 35 


————-—s 


$2.122.211 65 


TAXES—APPROPRIATIONS. 517 


§ 15. That the City Treasurer be, and is hereby authorized 
and directed to set apart the full amounts of the several ap- 
propriations im Section 14 of this ordinance for insurance, 
interest on city’s notes and secret service, out of the collec- 
tions of taxes under the levy for the current fiscal year for 
general purposes. 

§ 16. That the ordinance entitled, ‘‘An ordinance making 
appropriations for the fiscal year ending August 31, 1909,’’ 
approved May 31, 1909, and all other ordinances in connict 
herewith, are hereby repealed. 

§ 17. That this ordinance shall take effect from its passage. 

Approved August 17, 1909. 


TAXES. 
Appropriations. 


AN ORDINANCE making appropriations for the fiscal year 
ending August 31, 1909. 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. That there are hereby appropriated for the specific 
purposes, the several sums out of the estimated revenues from 
the levy made for the current fiscal year, and cash collections, 
as set forth in the following sections of this ordinance, for the 
current fiscal year ending August 31, 1909: 

§ 2. For Police purposes: 

(a) Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal year 
TO SRIG > DUTPOSES 00 2 Laie $ 359,236 80 
(b) Out of the unexpended cash 
collections for said depart- 
ment over the 95 per cent. 
from levies for years prior 
ELST ne ee. Sets Oe ole 9,486 58 
(c) Out of the unexpended . cash 
collections for said depart- 
ment under the 95 per cent. 
from levies for years prior to 
1909, reappropriated ...... 16,000 00 


Total for Police Purposes .... $ 384,723 38 


518 TAXES—-APPROPRIATIONS. 





§ 3. For Fire Department: 
(a) Out of the 95 per cent of the 
estimated revenue from the 
levy for the current fiscal year 
for said department ........ 
(b) Out of the unexpended cash 
collections for said depart- 
ment over the 95 per cent. 
from levies for years prior to 
LO OBS ain tema Racer eee pare, fF 
(c) Out of the unexpended cash 
collections for said depart- 
ment under the 95 per cent. 
from levies for years prior to 
1909, reappropriated ........ 


Totol for Fire Department .. 
§ 4. For Street Cleaning: 

(a) Out of the 95 per cent of the 
estimated revenue from the 
levy for the current fiscal year 
for street and sewer clean- 


24,000 00 


$ 321,816 30 


10,219 69 


i 


TNL." Se lodpce ste EMO nantes cota aE $ 172,102 50 


(b) Out of the unexpended cash 
collections for street and 
sewer cleaning, being over the 
95 per cent. from levies for 
years priorsto: L908) Breese. 

$4,914 03 

2,794.96 
{c) Out of the unexpended cash 
collections for street and 
sewer cleaning, being under 
the 95 per cent. from levies 
for years prior to 1909, reap- 
propriated yes ee 


os 


(d 


4 


There is also appropriated for 
street cleaning, a part of the 
cash on hand to the credit of 
“Cash from City Depart- 
ment,’’ same being a part of 


the general purpose fund .... 


Total for street cleaning .... 
§ 5. For Sewer Cleaning: 
The remainder of the 95 per cent. 


~I 
I 
S 
co 
To) 
Ja) 


14,000 00 


12,950 00 


$ 356,035 99 


$ 206,761 49 


TAXES——APPROPRIATIONS. 


of the estimated revenue from 
the levy for the current fiscal 
year for street and sewer 
CUE ONY gk: 2000 Baa cae AGA se EP ead 


§ 6. For Reconstruction of Streets: | 


(a) Out of the 95 per cent of the 
estimated revenue from the 
levy for the current fiscal 
year for said purpose ...... 


(b) Out of the unexpended cash 
collections for said purposes 
over the 95 per cent. from 
levies for years prior to 1908. 

(c) Out of the unexpended cash 
collections for said purposes 
under the 95 per cent. from 
levies for years prior to 1909, 
PORPPIODLIGLE! ceva. stele 


Total for Reconstruction of 
Melb gl ET oLE yore) ul peeves gee ce ae na 
§ 7. For Repairing Streets: 
(a) Out of the 95 per cent. of the 
estimated revenue from the 
levy for the current fiscal year 
DOT SAG, DULPOSE 60)32.0'6 v's iene is 
(b) Out of the unexpended cash 
eollections for said purpose 
over the 95 per cent. from the 
levies for years prior to 1908 
(ec) Out of the unexpended cash 
eollections for said purposes 
under the 95 per cent. from 
levies for years prior to 1909, 
PER POLO DIIBted hows wcchenele overs 


Total for Repairing Streets .. 
§ 8. For Sewer Construction: 

Out of the 95 per cent of the esti- 
mated revenue from the levy 
for the current fiscal year for 
sewer construction and re- 
AAEM ae eat esa Gey «a ba 
§ 9. For Sewer Repairs: 

The remainder of the 95 per cent. 


$ 202,070 


4.237 


12,000 


$ 112261 


2.653 


8,000 


70 


13 


00 


50 


95 


00 


j19 


$ 15,000 00 


$ 218,307 83 


67,000 00 


OU 
bo 
So 


TAXES——APPROPRIATIONS. 


of the estimated revenue from 
the levy for the current fiscal 
year for sewer construction 
Bue repairs 7s we es eee 8 


§ 10. For Home for Aged and Infirm: 


Out 


of the 95 per cent. of the esti- 
mated revenue from the levy 
for the current fiscal year for 
charitable institutions ...... 


§ 11. For City Hospital: 


Out 


of the 95 per cent of the esti- 
mated revenue from the levy 
for the current fiscal year for 
charitable institutions ...... 


§ 12. For Eruptive Hospital: 


Out 


of the 95 per cent of the esti- 
mated revenue from the levy 
for the current fiscal year for 
charitable institutions ...... 


§ 13. For Work House: 


(a) 


(b) 


(c) 


§ 


The remainder of the 95 per 
cent. of the estimated revenue 
from the levy for the current 
fiscal year for charitable in- 


Stittiition sg fs o-ee a a ae a 


Out of the unexpended cash 
collections for charitable in- 
stitutions, over the 95 per 
cent. from levies for years 
privr’ to LO0B ewe ea aee 
Out of the unexpended cash 
collections for charitable in- 
stitutions, under the 95 per 
cent. from levies for years 
prior to 1909, reappropriated 
Total for Work House ...... 
14. For General Purposes: 


3,679 27 


2500 00 


7,841 00 


24,000 00 


85,500 00 


9,000 00 


$ 26, 135 12 


The fund available for appropriations is made up as fol- 


lows: 


(a) 


(b) 


The 95 per cent. of the esti- 
mated revenue for the current 
fiscal year from the levy for 


said: purposes..i0 7... 8 404141040 


The unexpended cash ecollee- 
tions from levies for said pur- 


TAXES——APPROPRIATIONS. 





poses prior to 1908, and being 
over the 95 per cent. ........ 
$22,399 97 





((c) The unexpended cash collee- 
tions from levies for said pur- 
poses prior to 1909, and being 
under the 95 per cent. reap- 
TEAR OULS tis) wet rargre.w Meath e $ 

(d) From court costs— 

$2244 43 

$ 545 12—$ 
(e) From franchise— 

$6,515 90 

$2,206 50—$ 

(f) From dividend No. 40 on city’s 
gas stock, amounting to ....$ 
From dividend No. 41 on city’s 
gas stock, amounting to ....$ 

(g)Cash from city 
departments ....$33,955 63 

£19,458 68—$ 

Less amount appropriated to 
street cleaning (see Sec. 4)— 

$12,950 00—$ 
Making a total for general 
BONER 5 reed 2 isola) ores vies 


Which is appropriated as follows: 
ee eeton City: Pall. ce. cules ah 
Assessor’s Department .......... 
maior s Wepartiment).... 4.42.0. 
Board of Public Safety .......... 
Board of Public Works ........ 
SPrinvemerted 1h cii's £00k mee hun? 
SE nie ak ee 
City Bnyer’s Department ...... 
Ewer Allin OX DCNSES | cscs. oa a's a 
IOS eee are wis gt ods 
Comptroller’s Department ...... 
Engineer’s Department ........ 
OSE ST ET Tes a ig ane ee 
iicidentalv expenses: oo... 6% oe 
Inspection of Buildings Depart- 
Tibet hate tte Card a ncayais waist sore oto s 


32.976 


27,500 
23,580 
3,949 
9,602 
11,964 
7,450 
2,300 
5,999 
22,000 
1,345 
6,499 
35,000 
1,800 
88,000 


12,399 


71 


98 


Or 
On 


40 


00 
00 


31 


ol 


00 
87 
92 
17 
09 
00 
00 
88 
00 
00 
80 
00 


00 | 


00 


OX 
bo 
ee 


$ 603,786 35 


529 TAXES——APPROPRIATIONS. 





ETSUTAUL CE tek Ueeeis te te a eee eee ee . 2,500 00 
Liaw Department onc auch settee: 24,818 92 
Legislative Department ......... 4,400 00 
Mayors Departmentyy..41:e ae 8,019 84 
Qakestréeet, Viaauctin act tem ier cet 22,500 00 
POLICE OOTY T in cs eee ek Gr owes 24,000 00 
PHNtine oan d. sStstOner yg +. ners 20,000 00 
PHDHE DAS ec ee ieee eee ae 1,600 00 
Public lights, including dividends 

ON: PAS .SbOCK esse eee ots 162,000 00 
Pumps aud welisis. ceca Gute ote 8,400 00 
Receiver’. Oly (Cases ee on seen 12,130 00 
Manitanve ex DOlSeRh. Ca widie Calm ee 28,000 00 
Secret Servite 4 vtec en or el aime 2,500 00 
Supervision of original construe- 

THOT as a ee eee eee 5,200 00 
Treasurer’s Department ........ £999.92 
Veteran Firemen’s Home ........ 900 00 
Weights and Measures Depart- 

MONT Wek SOMO TR eae Ve eee 2,220 00 
Interest on) CitwwsDOLesin.a. eae 5,056 78 
Livestock Inspectors’ Department 600 00 
Improvements on old City Hall.. 4,500 00 


Total for general purposes .. $ 603,786 35 


Grand total of appropriations for 
ALES DUT POSES Jace iatean ve ee haat $2,127,006 61 

§ 15. That the City Treasurer be, and is hereby author- 
ized and directed to set apart the full amounts of the several 
appropriations in Section 14 of this ordinance for insurance, 
interest on city’s notes, and secret service, out of the collec- 
tions of taxes under the levy for the current fiscal vear for 
general purposes. 

§ 16. That the ordiance entitled ‘‘An ordinance making 
appropriations for the fiscal year ending August 31, 1909,’’ ap- 
proved August 17, 1909, and all other ordinances in conflict 
herewith are hereby repealed. 

§ 17. That this ordinance shall take effect from its passaeas 

Approved August 31, 1909. 


TAXES—APPROPRIATIONS. 








TAXES. 
Appropriations—Partial. 


AN ORDINANCE making partial appropriations for the fiscal 
vear ending August 31, 1910, viz: For the months of 
September, October, November and December, 1909: 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That there are hereby appropriated out of the rev- 
enue and sums borrowed or to be borrowed, for the fiscal 
year ending August 31, 1910, the following sums for the first 
four months of said fiscal year, viz: September, October, No- 
vember and December, 1909, for the following purposes, to- 
wit: 


RE VOR Cee ees fo tN vie ce ialere seh ole wees 44,300. 00 
PMN NT AT a Poy 0 eal gs o's ol ip rd Gia gi ale! a dha biah’ 125,000 00 
EG ES INTENT Pee C0 UR a 10,000 00 
a ea Pe i ee a yy ag ahaa s, w 80,000 00 
Meme UC SOT OLS StCOGI Gg oi alos ga otic Cala ahaetes & 75,000 00 
CT TEE 9 SG ore TOT Dy Ee ee 50,000 00 
em CROUM ETI CIO hy a so lk tS Siar Go ales CRs eke were 75,000 00 
el ACERS VER veep oll Vy GS Bas aia a ane im oe oh 7,400 00 
Pre MeN POC aaTICE UTIs sie g bevhinn v's aiwie eee wm she 3 11,850 00 
CRS UES EAR Or RR, GSS al pega ot ee a ca 30,000 00 
Mr Ee EL OS [160 inet. oc ote aime athe cP cs sae aisie’ ails 0! ons 2,500 00 
ME POPC RC Seth cfu ook os ao ace Hine) ohacats Sis Sh EY BE ee 9,200 00 
RE eet oe CPt Vas L1H Leen eet Riche wee et Bahar scat alata,’ oe Dlhs 2,900 00 
Pree CES GUALLEINIG tate i ke ee ca Nise die. oie 11,000 00 
Berea DAT WILOI te arnt siton chi wue savas iret Ais aie ake gs 1,400 00 
Coe Tea Bag Say oy RECT oh Ag ton, wee arc me a 3,500 00 
RUMI L NT OALOR VOT SIG. para te ale Cals dfda d vsk oar aids 5,000 00 
PRM ORELIOGL teen ee Wey FAAS 6 4 tS ese ite lalete b 600 00 
Uh 8 ait Sle Sade gS el oe 2 a a aR a Ad, me 1,500 00 
pS VETS, WW ODOLC MCLG sree eres ook week eeeie es 2,000 00 
PRUE TRU DETISOS cis ahah Le ate a eitinly cea WRI Sey bee 10,000 00 
De ETE t of Vite Vasher is ele dG» is Atsintoroee inte 935 00 
PMP Leas FOODATHINEN te .%. 2 deltujcu.c couse cas Sian signe 2,200 00 
Peres SO TIAT LEON tet ost vrals dane treet cree eke wo vie os 13,500 00 
Th EV SUSYA RS ae pit ty Fg Cry Poe cn A Ro ee ee 600 00 
ORO T Tn TOUS LAL ATES 01 oC aga a IC - 90,000 00 


Inspection of Building Department .............. 4,400 00 


524. TAXES—APPROPRIATIONS. 





PNSUPAT G6 hc tes as wee Seecoketnceece ata tice 1 eee ees ee 900 00 
Uiaw Department ....... Ivoire tne «55 on arn eon ae ae 8,300 00 
Legislative, Department wa oie ites oho tree ona 1,500 00 
Mayor's: Departments. 25 hike ear: pare ee te tinea Pinte 2,700 00 
Oak-street vidGuch ss oes scae asic ait sae ee 56,000 00 
Polied Wont ssa feel eee Lae ee, eine eee 8,000 00 
Printing and statencrye... cen por ae ae ee 6,500 00 
Public thats en Cesc sie cite ete tee tee tte ene eee, ee 850 00 
Publie Tehte es SR serene aie, eee eae hee 150,000 00 
Pumps: and,-wells 50-25. cet eh eee eee 4,000 00 
Receiver or Lames). yaa te eee ae eee 4,500 00 
Sanitary GXPCnsess.c..sssveten ieee te ar Renn ete eee 11,800 00 
Supervision of original construction ............ 3,000 00 
Tréasurer’s Department: sink ok Aha eee oe ae 1,700 00 
Veterin Miremeén’s tomes: ihe nes. 4. hee 300 00 
Weights and Measures Department .............. 800 00 
Livestock Inspector’s Department ........2....... 800 00 
improvements on old) Gity alive. ee ee 9,000 00 

OPA a OA Dee ee re oes Se $999,635 00 


§ 2. That the City Treasurer be and he is hereby directed 
to set apart the full sum of the appropriation made in the 
preceding section for insurance out of the revenue and funds 
from which said appropriation is made. 

§ 3. That this ordinance shall take effect from its passage. 

Approved September 16, 1909. 


TAXES. 


Appropriation for Medical Department of University of 
Louisville. 


AN ORDINANCE making an appropriation for the Medical 


Department of the University of Louisville. 
WHEREAS, it is necessary in order that the city of Louis- 
ville may maintain its position as a center of medical educa- 
tion, which it has so long enjoyed, that the Medical Department 


of the University of Louisville shall be strengthened and im- 
proved; now, therefore, 


Be it ordained by the General Council of the city of Louisville: 


S 1. That there be and is hereby appropriated out of the 


TAXES——APPROPRIATIONS. at 





fund for general purposes for the fiscal year ending August 31, 
1908, the sum of twenty-five thousand dollars for the use of the 
Medical Department of the University of Louisville, and the 
Comptroller is hereby authorized and directed to make up 
voucher for said twenty-five thousand dollars in favor of the 
Medical Department of the University of Louisville, and charge 
same to “incidental expenses.” 

§ 2. The appropriation made in the first section of this or- 
dinance shall be paid and turned over to the treasurer of the 
University of Louisville upon the order of the president and 
trustees of the University of Louisville, for the use, under the 
control and direction of said president and trustees of the 
Medical Department of the University of Louisville. 

§ 8. This ordinance shall take effect and be in force from 
and after its passage. 

Approved September 24, 1908. 


TAXES. 
Appropriation for Ohio Valley Improvement Association. 


AN ORDINANCE appropriating the sum of two thousand dol- 
lars to the Ohio Valley Improvement Association to be 
used in its efforts to secure a nine-foot stage of water all the 
year round in the Ohio river. 


WHEREAS, The Ohio Valley Improvement Association 
is a voluntary organization formed to promote the improve- 
ment of navigation on the Ohio river; and, 

WHEREAS, said association is now directing its efforts to- 
ward securing a nine-foot stage of water all the year round in 
the Ohio river, which would greatly benefit the city of Louis- 
ville; now, therefore, 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. That there be, and is herbey appropriated out of the 
unexpended balance of the fund for General Purposes for the 
fiscal year ending August 31, 1908, the sum of two thousand 
dollars, payable to the Ohio Valley Improvement Association, to 
be used by it in advertising, printing and distributing circulars, 
pamphlets and speeches, and in its other efforts toward creating 
a public sentiment in favor of the United States government 


526 TAXES—APPROPRIATIONS. 


appropriating a sufficient amount to establish and maintain a 
nine-foot stage of water the year round in the Ohio river, and 
the Comptroller is hereby authorized and directed to make and 
issue a voucher for said sum of two thousand dollars, payable 
to said Ohio Valley Improvement Association, the same to be 
chargeable to and payable out of the unexpended balance for the 
fiscal year ending August 31, 1908, to the credit ofIncidental 
Expenses. 

§ 2. This ordinance shall take effect from and affer its 
passage. 

Approved September 10, 1908. 


TAXES. 
Appropriation for paving Public Wharf. 


AN ORDINANCE making an appropriation for paving the 
public wharf. 


WHEREAS, the net revenue from the public wharf for the 
fiscal year 1908 amounted to $8,845.82, and the net revenue 
from said wharf for the fiscal year 1909 amounted to $8,547.35, 
both of which sums, amounting altogether to the sum of $12,- 
393.17, have been placed by the City Treasurer to the credit of 
the general purpose fund, as required by Section 2860, Sub- 
section 8, of an act for the government of cities of the first 
class; and, 

WHEREAS, the public wharf is in need of paving with 
granite, therefore, 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the sum of $12,393.17 bé and the same is hereby 
appropriated from the general purpose fund for paving the pub- 
lic wharf with granite blocks. 

§ 2. An ordinance entitled, “An ordinance making an ap- 
propriation for paving the public wharf,” approved December 
18, 1908, is hereby repealed. 

§ 5. This ordinance shall take effect from and after its pas- 
sage. ) 
Approved October 13, 1909. 


TAXES—APPROPRIATIONS. 527 


TAXES. 
Appropriations—Partial. 


AN ORDINANCE making appropriations for Street Cleaning 
and for the Eruptive Hospital and Fire Department. 


WHEREAS, the appropriations heretofore made for the 
fiscal year ending August 31, 1907, are not sufficient to enable 
the Board of Public Works to do the necessary street cleaning, 
and to enable the Board of Public Safety to pay the necessary 
expenses of the Eruptive Hospital and the Fire Department dur- 
ing the remainder of said fiscal year; and, 

WHEREAS, there was recently transferred to the General 
Purpose Fund the sum of $101,201.50 not derived from taxa- 
tion, but being the proceeds of the sale of franchises, the greater 
part of which sum still remains unexpended and is carried in 
said account under the head of “Incidental Expenses;” now, 
therefore, 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That there be, and is hereby appropriated the sum of 
$10,000.00 to be expended by the Board of Public Works for the 
purposes of street cleaning, and the further sum of $7,500.00, 
of which $500.00 is to be expended by the Board of Public 
Safety for the necessary expenses of the Eruptive Hospital, and 
$7,000.00 for the Fire Department. 

§ 2. Said sums so appropriated under the first section of this 
ordinance shall, and are now ordered to be transferred from the 
Incidental Expense Account of the Fund for General Purposes 
and placed to the credit of the departments and for the pur- 
poses so designated in said first section. 

§ 3. This ordinance shall take effect from and after its pas- 
sage. 

Approved August 30, 1907. 


528 TAXES——APPROPRIATIONS——ASSESSMENT. 


TAXES. 
Appropriation for Tenement House Investigation. 


AN ORDINANCE appropriating one thousand ($1,000.00) 
dollars to defray the expenses of the commission to investi- 
gate and report upon tenement houses and tenement condi- 
tions. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That an additional sum of one thousand ($1,000.00) 
dollars is hereby appropriated out of the fund for general pur- 
poses, for defraving the expenses of the work by the “Commis- 
sion to Investigate and Report Upon Tenement Houses and 
Tenement Conditions,’ said money to be deposited with the 
Treasurer of the city, and to be paid out by him on vouchers 
duly approved by the Mayor and the chairman of said commis- 
sion. 

§ 2. This ordinance shall take effect from its passage. 

Approved April 12, 1909. 


TAXES. 


Assessment of Property, 1908. 


AN ORDINANCE providing for the assessment of property in 
the city of Louisville for municipal taxes for the fiscal year 
ending August 31, 1908. 


Be vt ordained by the General Council of the city of Louisville: 
t 


§ 1. That, beginning with the first day of September, nine- 
teen hundred and seven (1907), and on the same date every 
year thereafter, the City Assessor shall take the list of taxable . 
property in the city of Louisville, held or owned by every per- 
son, firm or corporation in his, her, their, or its own right; or as 
fiduciary, guardian, or agent, subject to taxation for city pur- 
poses and liable to assessment by the City Assessor under the 
laws of the State of Kentucky, and “An act for the government 
of cities of the first class,” approved July 1, 1893, and the 
amendments thereto, except as provided in Section 3 of this 





AD fi 


Uel 





ordinance, upon blanks in the following form, substantially, to- 
wit: 


CITY OF LOUISVILLE. 


Statement and return of all lands and improvements and all 
personal property subject to taxation in the city of Louisville, 


RIRPPR ETC SRM SE. Sh chon ie sso.) We SE RARE ER FoR alas Dino p anu bees : 
MEMES UN ae whos fee a ah rene P RE ts aed SGT aay Jed an je tyes oe 
BGreot. OCCUMMMOIL yo. ude hoes wlseins , place of business. . 

ate Siler street, either in his own right, or as fiduciary, 


guardian or agent, on the first of September, 1907, for the rais- 
ing of revenue for the year immediately succeeding that date. 


DESCRIPTION OF LAND AND IMPROVEMENTS. 





No. of Depth of 
Fro nt Feet Lot 


Improvement Owned Location cf 


V I d 
ea MARE ORS by Tenant Property 























Ne eee  ————————————————————eEEEee 


VALUE OF PERSONALTY. 


Value of all household and kitchen furniture...... L$ 
Value of all gold and silverware, $....; clocks, watch- 
: and chains, $....; jewelry and diamonds, 
Value of all pianos and musical instruments, gee 
paintings and statuary, $.. - libraries, Pree at 
Value of all vehicles of every description, eae 
crs ety LOS, ATIC CH Gules oe tetera hog doses ys Aeon 
Value of all office, store and saloon fixtures and fur- 
ited billiard and pool tables, cash carriers and 
TLE oh Bin Sees ar A aot a a0 es Gg De SU 
Value of all merchandise, $....; value of all notes 
BAe ACCOR SD 55: ci aya A e-bay pve ade node a es 
Value of all machinery, “steam engines and _ boilers, 


e, o1,"e © «te 


53) TAXES——ASSESSMENT. 





....3 steamboats and other water crafts, $....; ..... b 
Value of all annuities and royalties, $.... ; manufac- 
tured articles and raw materials, S$... 5.3)... . ogee . 
Value of all bonds of every kind (excepting the city 
of Louisvilleand U.S), Bonds) > Si .3.0 ao 
Value of all mortgages, $.... value of all notes se- 
cured by. morteape, Dis wis pe. ai ee aia ie eerste ‘ 
Amount of all cash on hand, ae .; cash on deposit 
with individuals and corporations, By bay ps a eee tl ee : 
Amount of all certificates of deposit, $.... ‘2 amount 
of‘all cash: on-deposit in banks, $4. 320% 212 eee : 
Amount of all moneys advanced on consignments, 
.; property held on pledge of piwny $4). es ee - 


Value of shraes of ‘stock in all corporations (except 
corporations that pay city taxes on all their cor- 
porate property, shares of stock and franchises)... ..... é 
Value of all electric motors, automobiles, poles, wires, 
conduits, posts, lamps, water and gas mains and 
1031 oe at: RIN Peer WS Sere Niet | “ 
Value of all street cars and street tracks, $....5 rail- 
road switches (not owned by railroad companies) , 


eo 0). 8 6,0) 0-0 >a De #28 8) e (O56 8 Ye (es 648 e's) 8 ee 86, 6 8 ee 


Miscellany—All property not mentioned above, sub- 





ject by law to an ad valorem tax for city purposes ...... 
Total valie OF personalyy s awetw ese ee $..ehenne 

Less household goods and other personal property of 
persons with a familys (2 cere, eae use ree $. 250 
Assessible amount of personalty............. 5 levees 


STATE OF KENTUCKY, 
JEFFERSON COUNTY. 

5 oe Le AOE Salts eee cae makes oath that the above is @ 
true list of all taxable property, real or personal, owned or held 
by him in his own right, or as fiduciary, guardian or agent, to- 
gether with the value of all the personalty on the first day of 
September, 1907. 

Subscribed and sworn to before me, this................ 


e ©. 0 © @ © © © & © @ ‘680 se %8.8).0 6) OF 


Assistant Assessor. 


S$ 2. That there shall ‘be printed on the back of each of 
said blanks the following words: “‘Every person owning or hold- 
ing taxable property in his own right, or as fiduciary, guardiam 


TAXES——ASSESSMENT. 531 





or agent, shall return to the Assessor or his assistant a true list 
of such property, real or personal, upon blanks prepared there- 
for, by the Assessor, in a form prescribed by ordinance, together 
with the value of all personalty, and make oath before said 
Assessor, or one of his assistants. In case of the failure or re- 
fusal of such person to return a list true in quantity and value 
under oath, said Assessor may, according to the best information 
he can obtain, assess the lands, improvements and personal 
property. The City Court shall, at the instance of the Assessor, 
by rule or process of contempt, enforce upon delinquents the 
return, under oath, of the lists above required.””—Section 2988, 
Kentucky Statutes. 

§ 3. That the City Assessor shall as of September 1, 1907. 
value ind assess for city taxes for the fiscal year ending August 
31, 1908, the shares of stock of each State National Bank, 
trust company, guarantee or security company, and the fran- 
chise of every incorporated gas, water, ferry, bridge, street rail- 
way, express, electric light, electric power, telephone, 
press dispatch, telephone, turnpike, palace car, dining 
car, sleeping car and chair car company, and_ every 
other like company, corporation, or association located 
or doing business in the city of Louisville, and having 
or exercising any special or exclusive privilege or franchise not 
allowed by law to natural persons, or performing any public 
service in the city of Louisville, as provided for by law, which 
assessments shall be made and notice thereof given by the City 
Assessor to each corporation, company and association whose 
shares of stock or franchises shall have been assessed by him in 
the manner provided by law, and after said shares of stock or 
franchise assessments shall have been reported by the City As- 
sessor to, and finally passed on, by the Board of Equalization, 
they shall, together with all verified statements of corporations, 
companies and associations, made on the forms which shall be 
prepared by the City Assessor, under the provisions of the 
statutes, and returned to him, to be kept on file and preserved by 
the City Assessor, as a part of the records of his office. 

§ 4. All ordinances in conflict herewith are hereby repealed. 

§ 5. That this ordinance shall take effect from and after its 
passage. 

Approved August 27, 1907. 


TAXES——ASSESSMENT. 


Ol 
Se) 
ine) 





TAXES. 
Assessment of Property, 1909. 


AN ORDINANCE providing for the assessment of property in 
the city of Louisville for municipal taxes for the fiscal year 
ending August 31, 1909. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That, beginning with the first day of September, nine- 
teen hundred and eight (1908), and on the same date every 
year thereafter, the City Assessor shall take the list of taxable 
property in the city of Louisville, held or owned by every person, 
firm or corporation in his, her, their or its own right, or as fidu- 
ciary, guardian or agent, subject to taxation for city purposes 
and liable to assessment by the City Assessor under the laws of 
the State of Kentucky,’’ and ‘‘An act for the government of 
cities of the first class,’’ approved July 1, 1893, and the amend- 
ments thereto, except as provided in Section 3 of this ordinance, 
upon blanks in the following form substantially, to-wit: 


CITY OF LOUISVILLE. 


Statement and return of all lands and improvements and all 
personal property subject to taxation in the city of Louisville, 
hélder owned: PY ce Nae a ee ee residing at No. 

REA GANS SD. ncaa street, occupation ..........place of business 
ear gis Wie ghia: street, either in his own right or as fiduciary, 
guardian or agent, on the first of September, 1908, for the rais- 
ing of revenue for the year immediately succeeding that date. 


—_—- 


DESCRIPTION OF LAND AND IMPROVEMENTS. 


No. of Depth of 
Front Feet Lot 


| Improvement Owned Location of 
Vacant Improved 
by Tenant Property 


























TR 
T] 


E 


wT! 
Th 


TAXES—A MENT. 


VALUE OF PERSONALTY. 


Value of all household and kitchen furniture....... 


Value of all gold and silverware, $....; ; clocks, watch- 
es and chains, $....; jewelry and diamonds, 
V atne of all pianos and musical instruments, $.... ; 
paintings and statuary, $.. - libraries, nik ee 
Value of all vehicles of every ‘description, SA 
Horses mules: ands cattle; Sac oplik tse ee 


Value of all office, store and saloon fixtures and fur- 
niture, billiard and pool tables, cash carriers and 
ram Rr CT Mon Sais ev en nh acd o's cehahett Bie hasstat shee 

Value of all merchandise, $....; value of all notes 
UES SEES ays su, CaM Ml el a ae a pa 

Value of all machinery, steam engines and boilers, 
$.... 3 steamboats and other water Sar eee 

Value of all annuities and royalties, $....; manufac- 
tured articles and raw materials, et eines eee Bane aes 

Value of all bonds of every kind (excepting the city 
or Bowisviire-and U.S. Bonds), $0603.00. 6. 

Value of all mortgages, $.... ; value of all notes se- 
cured by mortgage, Se re eA NET hs 

Amount of all cash on hand, $....; cash on deposit 
with individuals and corporations, lettre cape oae 

Amount of all certificates of deposit, $....; amount 
of all cash on deposit in banks, $....;......... 

Amount of all moneys advanced on consignments, 
$....; property held on pledge of pawn, $....; 

Value of all shares of stock in all corporations (except 
corporations that pay taxes in Kentucky on all 
their corporate property, shares of stock and 
TSE CIS 10 i le Sioa ee BO ee oa 

Value of all electric motors, automobiles, poles, wires, 
oe posts, lamps, water and gas mains and 
1 CS a AE be Ge Rt tel a 

Value of all street cars and street tracks, $....; rail- 
‘road switches (not owned by railroad companies), 

Miscellany’ All property not mentioned above, sub- 
ject by law to an ad valorem tax for city purposes 


aE varie OF PEISOMAIGY. . 6s. os oe eke ee $ 


Less household goods and other personal property of 


PIN ASE LTT Sn an Ge. as sek ithe ie he $ 


Assessible amount of personalty............. 


O33: 


oeeno ee & 
ooe ete @ @ 


eee ec 8 & 


eeeees 


eee @ @ 


534 TAXES——ASSESSMENT. 





STATE OF KENTUCKY, 
JEFFERSON COUNTY. 


PR ee TaN ee ey css ae makes oath that the above is a 
true list of all taxable property, real or personal, owned or held 
by him in his own right, or as fiduciary, ouardian or agent, to- 
gether with the value of all the personalty on the first day of 
September, 1908. 

Subseribed and sworn to before me, this................ 
MAM OL oe ger ts Bech eee eee tates , 1908. 


Assistant Assessor. 


§ 2. That there shall be printed on the back of each of 
said blanks the following words: ‘‘Every person owning or hold- 
ing taxable property in his own right, or as fiduciary, guardian 
or agent, shall return to the Assessor or his assistant a true list 
of such property, real or personal, upon blanks prepared there- 
for, by the Assessor, in a form prescribed by ordinance, together 
with the value of all personalty, and make oath before said 
Assessor, or one of his assistants. In ease of the failure or re- 
fusal of such person to return a list in quantity and value un- 
der oath, said Assessor may, according to the best information 
he can obtain, assess the lands, improvements and personal 
property. The City Court shall, at the instance of the Assessor, 
by rule or process of contempt, enforce upon delinquents the 
return, under oath, of the lists above required.”—Secétion 2988, 
Ixentucky Statutes. 

§ 3. That the City Assessor shall as of September 1, 1908, 
value and assess for city taxes for the fiscal year ending August 
31, 1909, the shares of stock of each State and National Bank, 
trust company, guarantee or security company, and the fran- 
chise of every incorporated gas, water, ferry, bridge, street rail- 
way, express, electric light, electric power, telephone, 
press dispatch, telephone, turnpike, palace car, dining 
car, sleeping car and chair car company, and_ every 
other like company, corporation, or association located 
or doing business in the city of Louisville, and having 
or exercising any special or exclusive privilege or franchise not 
allowed by law ‘to. natural persons, or performing any public 
service in the city of Louisville, as ‘provided for ‘by law, which 
assessments shall be made and notice thereof given by the City 
Assessor to each corporation, company and association whose 
shares of stock or franchises shall have been assessed by him in 
the manner provided by law, and after said shares of stock or 
franchise assessments shall have been reported by the City As- 
sessor to, and finally passed on, by the Board of Equalization, 


TAXES——ASSESSMENT. 58> 





they shall, together with all verified statements of corporations, 
companies and associations, made on the forms which shall be 
prepared by the City Assessor, under the provisions of the 
statutes, and returned to him, to be kept on file and preserved by 
the City Assessor, as a part of the records of his office. 

§ 4. All ordinances in conflict herewith are hereby repealed. 

§ 5. That this ordinance shall take effect from and after its 
passage. | 

Approved August 18, 1908. 


—_—_—— 


TAXES. 
Assessment of Property, 1910. 


AN ORDINANCE providing for the assessment of property in 
the city of Louisville for municipal taxes for the fiscal year 
ending August 31, 1910. 


Be it ordained by the General Council of the City of Louisville: 


§ 1. That, beginning with the first day of September, nine- 
teen hundred and nine (1909), and on the same date every 
year thereafter, the City Assessor shall take the list of taxable 
property in the city of Louisville, ‘held or owned by every person, 
firm or corporation in his, her, their or its own right; or as fidu- 
ciary, guardian or agent, subject to taxation for city purposes 
and liable to assessment by the City Assessor under the laws of 
the State of Kentucky and ‘‘ An act for the government of cities 
of the first class,’’ approved July 1, 1893, and the amendments. 
thereto, except as provided in Section 3 of this ordinance, upon 
blanks in the following form substantially, to-wit: 


CITY OF LOUISVILLE. 


Statement and return of all lands and improvements and all 
personal property subject to taxation in the city of Louisville, 
MRSC Ye ie PRY Co Re AG ile Wide cle wl oe Se 
(ES OTN AE Al ll A Mel De re 
SMELTING cre atolls |. es Ms a ahziene +s place of business... . 
1++++,-+.....-... Street, either in his own right or as fiduciary, 
guardian or agent, on the first of September, 1909, for the rais- 
ing of revenue for the year immediately succeeding that date. 


536 TAXES—ASSESSMENT. 


DESCRIPTION OF LAND AND IMPROVEMENTS. 


























No. of Depth of V I d Improvement Owned Lacation of 
Front Feet Lot pee reer by Tenant Property 
VALUE OF PERSONALTY. 
Value of all household and kitehen furniture....... + ee 
Value of all gold and silverware, $....; clocks, watch- 
es and chains, $....; Jewelry and diamonds, 
DP ove co 0 15 2o ae giao Greece Rae tate Tole Te hee Me Rel alee Tea a soy 
Value of all pianos and musical instruments, $....; 
paintings and statuary, $....; libraries, $....;  .... 
Value of all vehicles of every description, $....; 
horses, mules and cattle, $....;........ 3 BPs. 


Value of all office, store and sob fixtures Gs rae 
niture, billiard and pool tables, cash carriers and 


Safes sy 2 SRN Ae Ses Tee aie eae en ee , ae eer 
Value of all merchandise, $....; value of all notes 

AITO SAECOUINIS fn css Os clins ate oe ee ee zi 
Value of all machinery, steam engines and boilers, 

$....; steamboats and other-water crafts, $....; .... 
Value of all annuities and royalties, $....; manufac- 

tured articles and raw materials, $....;........ Ane 
Value of all bonds of every kind (exeepting the city 

of Louisville and U. 8. Bonds), $.. MPUPSE Ae ery 
Value of all mortgages, $.... : value of al Be: es- 

cured by Mortgace, bas. ink GX ne Rwy Gah eee aS 
Amount of all cash on hand, g.. .; cash on deposit 

with individuals and corporations, =F oa ierigene 7 T> ee: 
Amount of all certificates of deposit, $.... : amount . 

of all cash on deposit in banks, $....5......... isd soe 


Amount of all moneys advanced on epee 
$....; property held on pledge of pawn, $.. Coe 


TAXES ASSESSMENT 








Value of shares of stock in all ial Mca (except 

Kentucky corporations that pay city taxes on all 

their corporate property, shares of stock and fran- 

EME re erechy IFT LPP. tis Sei cick tite o aduatet UNS .ares F 
Value of all electric motors, automobiles, poles, wires, 

conduits, posts, lamps, water and gas mains and 

pipes, “Sea =» CUPURy Gay ope HL auRe Oa? hee SRE ea ae Ea 
Value of all street cars and street tracks, $....; rail- 

road switches (not owned by railroad companies) , 


Miscellany—All property not mentioned above, sub- 


ject by law to an ad valorem tax for city purposes ...... 
Total valueiof personality... 6... nies ee Aa : 

Less household goods and other personal property of 
mare iwienrnetaMilyy., 6.005. Ale ee $ 200 
Assessible amount of personalty...........6. print ee? 


STAatve oF KENTUCKY, 

JEFFERSON COUNTY. 

6. ao oe eae oe makes oath that the above is a 
true list of all taxable property, real or personal, owned or held 
by him in his own right, or as fiduciary, guardian or agent, to- 
gether with the value of all the personalty on the first day of 
September, 1909. 

Subseribed and sworn to before me, this 

CS Soe a 180) 


oeoeeo3ae#e3nsee ee ee @ & @ eevee 


Assistant Assessor. 


§ 2. That there shall be printed on the back of each of 
said blanks the following words: 

§ 2. ‘‘Every person owning or holding taxable property 
in his own right, or as fiduciary, guardian or agent, 
shall return to the Assessor or his assistant a true list 
of such property, real or personal, upon blanks prepared there- 
for, by the Assessor, in a form prescribed by ordinance, together 
with the value of all personalty, and make oath before said 
Assessor, or one of his assistants. In case of the failure or re- 
fusal of such person to return a list true in quantity and vaule 
under oath, said Assessor may, according to the best informa- 
tion he can obtain, assess the lands, improvements and personal 
property. The City Court shall, at the instance of the Assessor, 
by rule or process of contempt. enforce upon delinquents the 
return, under oath, of the lists required.’’—Section 2988, 
Kentucky Statutes. 


588 TAXES——CREDIT-UPON—ERRONEOUS BILLS. 





§ 3. That the City Assessor shall as of September 1, 1909, 
value and assess for city taxes for the fiscal year ending August 
31, 1910, the shares of stock of each State and National Bank 
trust company, guarantee or security company, and the fran- 
chise of every incorporated gas, water, ferry, bridge, street rail- 
way, express, electric light, electric power, telephone, 
press dispatch, telephone, turnpike, palace car, dining 
ear, sleeping car and’ chair car company, and every 
other like company, corporation, or association located 
or doing business in the city of Louisville, and having. 
or exercising any special or exclusive privilege or franchise not 
allowed by law to natural persons, or performing any public 
service in the city of Louisville, as provided for by law, which 
assessments shall be made and notice thereof given by the City 
Assessor to each corporation, company and association whose 
shares of stock or franchises shall have been assessed by him in 
the manner provided by law, and after said shares of stock or 
franchise assessments shall have been reported by the City As- 
sessor to, and finally passed on, by the Board of Equalization, 
they shall, together with all verified statements of corporations, 
companies and associations, made on the forms which shall be 
prepared by the City Assessor, under the provisions of the 
statutes, and returned to him, to be kept on file and preserved by 
the City Assessor, as a part of the records of his office. 

§ 4. All ordinances in conflict herewith are hereby repealed. 

§ 5. That this ordinance shall take effect from and after its 
passage. 

Approved August 17, 1909. 


TAXES. 
To Regulate Making of Credits Upon Erroneous Tax Bills. 


AN ORDINANCE to regulate the making of credits upon er- 
roneous tax bills in the hands of the Receiver of City Taxes. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the City Assessor, in making any change, altera- 
tion or credit upon any tax bill in the hands of the Receiver of 
Taxes, shall enter such alteration, change or credit in a record 
book to be kept by him for that purpose, and at once certify 
such change, alteration or credit to the city bookkeeper. A like 
entry of such alteration, change or credit shall be entered in @ 
record book to be kept for that purpose by the Receiver of City 


TAXES—-RETROSPECTIVE ASSESSMENT, CREDITS. 539 


‘Taxes, who shall at once certify each alteration, change or credit 
to the city bookkeeper, who shall also keep a record of all such 
alterations, changes or credits. 

S 2. An ordinance entitled ‘““An ordinance to regulate the 
making of credits upon erroneous tax bills in the hands of the 
Receiver of City Taxes, or agent for the collection of back taxes,” 
approved May 17, 1883, is hereby repealed. 

Approved September 16, 1890. 


TAXES. 
Retrospective Assessment of Omitted Personal Property. 


AN ORDINANCE providing for the retrospective assessment of 
omitted personal property. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That when it shall appear that any personal property 
or other property liable for taxation has been omitted in the 
past or shall be omitted in the future from assessment, it may be, 
when the omission is discovered, assessed retrospectively for the 
year or years said omission took place in the same manner in 
which real property and improvements which have been omitted 
are required to be assessed. 

§ 2. This ordinance to take effect from and after publica- 
tion. 

Approved July 9, 1895. 


TAXES. 
Crediting Ad Valorem Tax Bills by Amount of License Paid. 


AN ORDINANCE providing for crediting ad valorem tax bills 
on personalty by the amount paid to the Sinking Fund as 
license on same. 


Be it ordained by the General Council of the city of Louisville: 
é 

§ 1. That in collecting ad valorem tax bills on personalty 
for any year, it shall be the duty of the Tax Receiver of the city 


540 "] " TAXES——COLLECTION OF, 


of Louisville to credit such tax bills by the amount of any license 
paid into the Sinking Fund of the city of Louisville by the tax- 
payer on the personalty represented by the tax bill. 

§ 2. In giving such credits when the license has been paid 
for a period beyond the fiscal year for which the tax bill is made 
out, then the credit shall be given for the proportion only of 
said license as within the fiscal year of the tax bill, and the re- 
mainder, if any, shall be credited on the tax bills of the suc- 
ceeding years in lke proportion until the whole amount of the 
license is credited. 

§ 38. In order to facilitate the crediting of the tax bills as 
herein provided for, it shall be the duty of the secretary and 
treasurer of the Sinking Fund of the city of Louisville, upon the 
demand of any person who has paid a license on personalty in 
heu of ad valorem taxes, to issue to such person duplicate cer- 
tificates, showing the amount of license paid, by whom, and for 
what time, one of which said certificates shall be kept on file by 
the Tax Receiver, and the other shall be by the Tax Receiver 
filed with the Comptroller of the city of Louisville. 

§ 4. In making his settlements the Tax Receiver shall be al- 
lowed the credits so made in tax bills, for money paid for license, 
in the same manner and to the same effect as if he had collected 
the tax bill entirely in money. 

S 5. Whenever a license was paid in any year 1n lieu of the 
ad valorem taxes, the Tax Receiver is directed to receive in 
payment the face of the tax bill for that year without interest. 

$ 6. This ordinance shall take effect from and after its pub- 
lication. 

Approved August 6, 1895. 


TAXES. 


Collection of, From Officers, Employes, and Creditors of the 
City. 


AN ORDINANCE concerning the collection of taxes from offi- 
cers, employes and creditors of the city of Louisville. 


Be vt ordained by the General Council of the city of Lowisville: 


§ 1. That hereafter there shall be deducted and withheld 
from any money due from the city of Louisville to any officer, 
employe or creditor the amount of any tax due from such officer, 


TAXES——-CANCELLATION, BAt 


employe or creditor to the city. If the amount of the city’s ob- 
ligations equal the tax due it, there shall be surrendered to the 
party entitled to same his canceled or receipted tax bill; if the 
amount due from the city exceeds the amount of tax due it, a 
warrant for the overplus and the canceled or receipted tax bill 
shall be delivered to the party entitled to the same; if the 
amount due from the city be less than the amount of the tax 
due to it, the tax bill of the city’s creditor shall be cerdited by 
the amount due him from the city, and to enable the Auditor to 
earry the same into effect it shall be the duty of the Receiver of 
Taxes for the city to deliver to the Auditor on the first day of 
May of each year a list of all uncollected tax bills due at said 
date. 

§ 2. It shall be the duty of the Auditor of the city to enforce 
and carry into effect the provisions of this ordinance. 

§ 3. This ordinance to take effect from and after its pub- 
lication. 

Approved April 1, 1895. 


ae 


TAXES. 
Concerning the Cancellation of Certain Tax Bills. 


AN ORDINANCE concerning the cancellation of tax bills not 
in suit and barred by limitation. 


WHEREAS, There are a large number of tax bills in the 
office of the Tax Receiv er, which are, for years prior to 1894, not 
in suit, barred by the limitation of five vears, and, therefore, un- 
collectible: and, 

WHEREAS, The carrving of these tax bills on the books of 
the Tax Receiver and City Comptroller makes an appearance 
of so much available assets of the city, when, in fact, they are un- 
available and worthless; now, therefore, 


Be it ordained by the General Council of the city of Louisville: 


S$ 1. That the City Assessor be and he is hereby authorized 
and directed to cancel all advalorem and poll tax bills for years 
prior to 1894, listed by the City Assessor with the Tax Receiver, 
and which are not in suit, or have not been listed by the Tax 
Receiver with the City Attorney or Assistant City Attorney for 
collection. 


542 TAX BILLS——-CANCELLATION OF. 





§ 2. That the City Assessor be and he is hereby directed 
and required to make report to the City Comptroller of the tax 
bills cancelled by him in comphance with the provisions of this 
ordinance, and the City Comptroller is directed to charge off, 
and no longer carry on his books, as available assets of the city, 
the amount of the cancelled tax bills thus reported to him by 
the City Assessor. 

§ 3. That this ordinance take effect from and after its pas- 
sage 

Approved August 31, 1899. 


TAX BILLS—CANCELLATION OF. 


AN ORDINANCE concerning the cancellation of tax bills not 
in suit and barred by limitation, for the years 1894 and 
1895. 


WHEREAS, There are a number of tax bills for smalk 
amounts in the office of the Tax Receiver for the years 1894 and 
1895 not in suit, barred by the limitation of five years, and, 
therefore, uncollectible; and, 

WHEREAS, The carrying of these tax bills on the books of 
the Tax Receiver and City Comptroller makes an appearance of 
so much available assets of the city, when, in fact, they are un- 
available and worthless; now, therefore, 


Be it ordained by the General Council of the city of Lowsville: 


S: 1. That the City Assessor be, and he is hereby directed, 
to cancel all ad valorem and poll-tax bills for the years 1894 and 
1895 listed by the City Assessor with the Tax Receiver, which 
are not in suit, or have not been listed by the Tax Receiver, 
with the City Attorney or Assistant City Attorney for collection. 

§ 2. That the City Assessor be, and he is hereby directed 
and required to make report to the City Comptroller of the tax 
bills canceled by him in complhance with the provisions of this 
ordinance, and the City Comptroller is hereby authorized and 
directed to charge off, and no longer carry on his books as 
available assets of the city, the amount of the cancelled tax 
bills thus reported to him by the City, Assessor. 

§ 3. That this ordinance take effect from and after its pas- 
sage. 


Approved March 8, 1901. ieee 


TAX BILLS——CANCELLATION OF. 543 


TAX BILLS—CANCELLATION OF. 


AN ORDINANCE concerning the cancellation of tax bills not 
in suit, and which are or may become barred by limitation. 


WHEREAS, There are a number of tax bills for small 
amounts in the office of the Tax Receiver for years prior to 
1898 not in suit, and which are barred by the limitation of five 
years, and, therefore, uncollectible; and, 

WHEREAS, The carrying of these tax bills on the books 
of the Tax Receiver and City Comptroller makes an appearance 
of so much available assets of the city, when, in fact, they are 
unavailable and worthless; and, 

WHEREAS, Tax bills which are not sued on within five 
years from August 20 in the year for which such taxes are 
made out and listed with the Tax Receiver for collection, there- 
after become uncollectible by law; now, therefore,: 


Be rt ordained by the General Council of the city of Lowsville: 


S 1. That the City Assessor be, and he is hereby directed to 
eancel all ad valorem and poll tax bills for years prior to the 
fiscal year of 1898 listed by him with the Tax Receiver for col- 
lection, which have not been sued on or have not been listed by 
the Tax Receiver with the City Attorney for collection, or which 
are barred by limitation. 

§ 2. That the City Assessor be, and he is hereby, authorized 
and directed on October 1, in each vear, to cancel all uncollected 
ad valorem tax bills which have not been sued on and which 
are barred by the statute of limitation of five years. 

S$ 3. That the City Assessor be, and he is hereby directed 
and required to make a report to the City Comptroller of the tax 
bills canceled by him in comphance with the provisions of this 
ordinance from time to time, and the City Comptroller is hereby 
authorized and directed to charge off and no longer carry on his 
books as available assets of the city the amount of canceled tax 
bills thus reported to him by the City Assessor under the pro- 
visions of this ordinance. 

§ 4. That this ordinance shall take effect from its passage. 

Approved December 27, 1902. 


544 TAXES——EXEMPTION. 


TAXES. 


Exemption of Manufacturing Establishments from, for Five 
Years. 


AN ORDINANCE concerning the exemption of manufacturing 
establishments from municipal taxation. 


WHEREAS, The city of Louisville has the power under the 
law to exempt from municipal taxation, for a period of five years 
as an inducement to location, manufacturing establishments; 
and, 

WHEREAS, It 1s deemed the wisest policy to thus foster 
the manufacturing interests of the city by exercising this power 
to induce the location of new manufacturing enterprises in the 
city, and to induce the owners of others located in the territory 
sought to be annexed to the city to abandon opposition to an- 
nexation, thereby voluntarily locating their establishments with- 
in the city; therefore, 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That in order to induce the location of more manu- 
facturing establishments within the city limits, any such es- 
tablishment, owned and operated by any person, firm or cor- 
poration, which shall have been, after the passage of this act 
authorizing this ordinance, permanently located and conducted 
within the limits of the city of Louisville, shall be and the same 
is hereby exempted for a period of five years after such location 
and the commencement of the business of manufacturing there- 
at from all taxation whatever by the city of Louisville, on alk 
property, real or personal, tangible or intangible, owned, em- 
ployed and used by such person, firm or corporation in con- 
ducting the business of such manufacturing estabtithment, and 
which would otherwise be subject to city taxation: Provided, 
however, the exemption herein specified is granted on the condi- 
tion that the person, firm or corporation owning and operating 
such manufacturing establishment shall comply with the pro- 
visions of the third section of this ordinance, and no such es- 
tablishment shall be entitled to an exemption from city taxes un- 
til said section is complied with. 

§ 2. The provisions of Section 1 hereof shall apply to suck 
manufacturing establishments as may be brought into the city 
by annexation of territory, provided the owners thereof do not 
object to annexation, or shall agree before the passage of this 
ordinance to withdraw their objections to annexation. 


TAXES——LEVY. 54> 


§ 3. That any person, firm or corporation that shall be in- 
duced by the provisions of Section 1 or Section 2 of this ordi- 
nance, to locate or bring a manufacturing establishinent within 
the city limits shall, prior to the first day of September next,. 
after said etsablishment shall have been located or brought 
within this city and begun the business of manutacturing there- 
at, file with the City Assessor a written statement, verified by the 
proprietor, or one of them, if composed of a firm, or by the chief 
officer or manager in charge of the corporation, as the case may 
be, showing the following facts, viz: The name of the proprie- 
tor, or of the members of the firm or corporation owning and. 
operating the establishment; the place where the establishment 
is located within the city; the kind of manufacturing engaged 
in, and when begun at such location; that the manufacturing: 
establishment i is a new one, or has been located or brought. with- 
in the city limits since the passage of the act authorizing this 
ordinance; that it has been thus located or brought within the: 
city in ood faith, with the intention of being continued per- 
manently, or for a ‘longer period than five years. 

§ 4. That it shall be the duty of the City Assessor to pre-- 
serve and keep on file in his office all such verified statements ;. 
and he shall omit from his assessments for city taxation for ‘a pe- 
riod of five years next after the filing of each verified statement. 
as aforesaid, the property of the manufacturing establishment 
named therein, as set forth in Sections 1 and 2 of this ordi- 
nance. 

§ 5. This ordinance shall take effect from and after its pas- 
sage. 

Approved July 29, 1898. 


TAXES. 
Levy for the Fiscal Year Ending August 31, 1908. 


AN ORDINANCE concerning the taxes for the fiscal year 
ending August 31, 1908. 


Be it ordained by the General Council of the city of Lowsville: 


$The following ad valorem taxes are hereby levied for the 
fiseal year ending August 31, 1908, on all lands, inprovements: 
and personal property, tangible and intangible, in the city of 
Louisville, held or owned by every person, firm, company, asso- 
ciation and corporation in his, her, their or its own right, or az 


546 TAXES——LEVY. 


fiduciary, guardian or agent, subject to municipal taxation, un- 
der the laws of the State of Kentucky, and under the “Act for 
the government of cities of the first class,” approved July 1, 
1893, and the amendments therto, including all property and 
franchises heretofore or hereafter assessed by the bity Assessor, 
State Railroad Commission and the State Board of Valuation 
and Assessment, for taxation by the city of Louisville, in and for 
said fiscal year, as provided by law, and in each case one hun- 
dred dollars of assessed value, but not to include any property 
exempt by law from such taxation, to-wit: 


For Schools*thirty-four: cents: sven wee eee $0.34 
For Sinking Fund, seven and one-fourth cents .0714 
For Police Purposes, twenty-two cents....... 22 


For Fire Department, twenty-four cents....  .24 
For Street and Sewer Cleaning, thirteen Seip A3 


For Reconstruction of Streets, twelve cents. Mie 4 
For Street Repairs, eight cents............: .08 
For Construction and Repair of Sewers, three- 

fourths/of one cents: kok ee 0034 
For House of Reform, four cents........... 04 
For Charitable Institutions, seven and one-half | 

GONE i 5. OL. ak Goh on ee 0714 
For Parks, seven and one-fourth cents....... O74 
For Library Purposes, three cents.......... 03 
For General Purposes, thirty cents.... 30 
For Firemen’s Pension Fund, one- fourth of 

ON’ COL b ne di hae Ce ee eee 0014 
For Policemen’s Pension Fund, one-fourth of 

one Gent 26 2S Ae ee 0014 
For Board of Children’s Guardians, one-fourth 

of one cent.) Bae araa cee een ee O04 
For Board of Tuberculosis Hospital, one and 

one-half, cents: ene eee ee 5 ee 01% 

Total 05 Se tre eee tees as ee 51.75 


The lexy of seven and one-fourth cents on each one 
Pe ie for Sinking Fund purposes in Section 1 of this 
ordinance, includes the following levies for the payment of in- 
terest and ‘principal of the bonds of the city of Louisville, issued 
under ordiances and dated as follows, to wit: Thirteen-twenty- 
fourths (13-24) of one cent for the bonds dated July 1, 1897, 
issued under the ordinance approved June 25, 1897; thirteen- 
twenty-fourths (13-24) of one cent for the bonds dated May 1, 
1900, issued under the ordinance approved March 21, 1900; 
three-twentieths (3-20) of one cent for the bonds dated April 1 


TAXES——LEVY. 547 








1901; seven-fifteenths (7-15) of one cent for the bonds dated 
June 1, 1901, and eleven-sixtieths (11-60) of one cent for the 
bonds dated July 1, 1901, which last three issues of bonds were: 
issued under the ordinance approved February 2, 1901; thir- 
teen-sixtieths (13-60) of one cent for the South Louisville bonds 
dated November 1, 1892, made a charge upon the Sinking Fund 
of the City of Louisville by an act of the Legislature, approved 
March 22, 1902; one and one-eighth (144) for the refunding 
bonds dated January 1, 1903, issued under the ordinance ap- 
proved August 8, 1902 ;thirteen-sixtieths (13-60) of one cent 
for the bonds dated April 1, 1903, issued under the ordinance 
approved March 6, 1903; seven-eighths (%) of one cent for the 
bonds dated July 1, 1903, under the last-mentioned ordinance; 
one-fourth (14) of one cent for the park and sewer bonds dated 
January 1, 1901, under the ordinance approved October 17, 
1900; and two and forty-one-sixtieths (2 41-60) cents for the 
sewer bonds dated February 1, 1907, and issued under an ordi- 
nance approved October 2, 1906. 


§ 3. That the levy for schools in Section 1 of this ordinance: 
includes one-quarter (14) of one cent on each one hundred 
dollars for the maintenance of schools opened, or to be opened, 
as a part of the school system to teach children of the ages of 
four, five and six years by the kindergarten method, as provided 
by the act of the Legislature, approved March 21, 1902. 

 § 4. The tax bills shall be made out by the City Assessor 
on blanks having on them in print, both in detail and in totals, 
the rates of ad valorem taxes as provided in the first section of 
this ordinance, and in casting up amounts the sum chargeable 
on lands, improvements and personalty shall be separately 
stated. 

§ 5. The Tax Receiver shall keep his sheets and books for said 
fiscal year so as to show separately the money received under the 
heads named in the preceding section; and when he reports his. 
collections, he shall, by calculation, ascertain the sum belonging 
to each fund and purpose named in the first section of this ordi- 
nance, and in doing so he shall separate the amounts of taxes. 
collected under the levies as stated in Section 2 of this ordi- 
nance, to pay principal and interest of the bonds issued at the 
dates mentioned in said section from the remainder of the taxes: 
collected for Sinking Fund purposes, as provided for in Section 
1 of this ordinance. He shall also, in the books and sheets, 
keep a column for discount or interest, and one for penalties: 
or costs. 

S$ 6. The authentication of the tax bills, as required by 
law, shall be made thereon in red ink, over the signature of 
the City Assessor, or a stamped fac simile thereof, and in the 


548 TAXES——LEVY. 


following form: “Original tax bill for the fiscal year ending 
August 31, 1908. 
LAR RE Se City Assessor.”’ 

§ 7. The ordinance approved December 23, 1907, being 
No. 321 of the series of 1907, and entitled “An ordinance con- 
cerning the taxes for the fiscal year ending August 31, 1908,” 
is hereby repealed, and this ordinance is enacted in lieu thereof. 

§ 8. This ordinance shall take effect from and after its pas- 
age. 
Approved December 27, 1907. 


ii) 


TAXES. 
Levy for the Fiscal Year Ending August 31, 1909. 


AN ORDINANCE concerning the taxes for the fiscal year, end- 
ing August 31, 1909. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. The following ad valorem taxes are hereby levied for 
the fiscal year, ending August 31, 1909, on all lands, improve- 
ments and personal property, tangible and intangible, in the 
«ity of Louisville, held or owned by every person, firm. com- 
pany, association and corporation in his, her, their or its own 
right, or as fiduciary, guardian or agent, subject to municipal 
taxation, under the laws of the State of Kentucky, and under 
the “Act for the government of cities of the first class,” ap- 
proved July 1, 1893, and the amendments thereto, including 
call property and franchises heretofore or hereafter assessed 
by the City Assessor, State Railroad Commission and the State 
Board of Valuation and Assessment, for taxation by the city 
ot Louisville, in and for said fiscal year, as provided by law, 
and in each case on each one hundred dollars of assessed value, 
but not to include any property exempt by law from such taxa- 
tion, to-wit: 


For Schools; ‘thirty-four cents... 0 ee. $0.34 
For Sinking Fund, three and one-half cents... .03% 
For Police Purposes, twenty-four cents...... 24 
For Fire Department, twenty-one and one-half 

Gants ico eee eel Bice eee) 211% 


For Street and Sewer Cleaning, twelve and 
oneshalfosn tas Sk ee eae ee rane, 12% 


TAXES-—LEVY. 549 


‘For Reconstruction of Streets, thirteen and 


Ritteclidiie COM UBM t ab.) aati s ois ee es 2o< 13814 
For street Repairs, seven and one-half cents.. .0742 
For Construction and Repairs of Sewers, five 

CIs RC MAL 2 had ts Scu so: -4 ohn of PR Ya ava ROS | 05 
Mor couse 01 heiorm, tour cents... 74./2.).. O04 
For Charitable Institutions, nine and one- 

eels Geni lees stepdad ac eee stew ands crete bios 0914, 
For Parks, seven and one-half cents......... 0716 
For Library Purposes, three cents.......... 03 
For General Purposes, twenty-seven cents....  .27 
For Firemen’s Pension Fund, one-half of one 

ER ete W TerteT e PN TR Pe  rotain S « 00% 
For Policemen’s Pension I'und, one-half of 

Vue Po Se See a a a 001% 
For Board of Children’s Guardians, one-quar- 

MeO AT PONGCT etree fie ee Sey nl tog Ase ty 0014 
For Board of Tuberculosis Hospital, one and 

Bee Med) aie ee hee. ie ae cuss bob's «ake O11, 

Total, one dollar and seventy-five cents......$1.75 


§ 2. The levy of three and one-half cents. on each one 
hundred dollars for Sinking Fund purposes in Section 1 of this 
ordinance, includes the following levies for the payment of 
interest and principal of the bonds of the city of Louisville, is- 
sued under ordinances and dated as follows, ‘to-wit: Two mills 
and fifty-one one-thousandths (.2051) of one mill for the bonds 
dated July 1, 1897, issued under the ordinance approved June 
25, 1897; two mills and one hundred and sixty-six one-thou- 
sandths (.2166) of one mill for the bonds dated May 1. 1900, 
issued under the ordinance approved March 21, 1900; five hun- 
dred and thirty-two one-thousandths (.0552) ‘of one mill for 
the bonds dated April 1, 1901; one mill and eight hundred and 
fifty-nine one- -thousandths (.1859) of one mill for the bonds 
dated June 1, 1901; six hundred and sixty-five one-thousandths 
(.0665) of one mill for the bonds dated July 1, 1901, which 
last three issues of bonds were issued under the ordinance ap- 
proved February 2, 1901: one mill and three hundred and 
eighty-seven one-thousandths (.1887) of one mill for the South 
Louisville bonds dated November 1, 1892, made a charge upon 
the Sinking Fund of the city of Louisville by an act of the 
Legislature approved March 22, 1902; four mills and five hun- 
dred and fifty-three one-thousandths (. 4553 >) of one mill for the 
refunding bonds dated January 1, 1903, issued under the ordi- 
mance approved August 8, i902; nine hundred and five one- 


550 TAXES——LEVY. 





thousandths (.0905) of one mill for the bonds dated April 
1, 1903, issued under the ordinance approved March 6, 1903; 
three mills and five hundred and sixty-two one-thousandths 
(.8562) of one mill for the bonds dated July 1, 1903, under 
the last mentioned ordinance; one mill and nineteen one- 
thousandths (.1019) of one mill for the park and sewer bonds 
dated January 1, 1901, under the ordinance approved October 
17, 1900; one cent and six mills and three hundred and one 
one-thousandths (1.6301) of one mill for the sewer bonds dated 
February 1, 1907, and issued under an ordinance approved 
October 2, 1906. 


§ 3. That the levy for schools in Section 1 of this ordinance 
includes one-quarter (14) of one cent on each one hundred 
dollars for the maintenance of schools opened ,or to be opened, 
as a part of the school system to teach children of the ages of 
four, five and six years, by the kindergarten method, as pro- 
vided by the act of the Legislature, approved March 21, "1902. 

§ 4. The tax bills shall be made out by the City ‘Assessor on 
blanks having on them in print, both in detail and in totals, 
the rates of ad valorem taxes as provided in the first section of 
this ordinance, and in casting up the amount the sum charge- 
able on lands, improvements ‘and personalty shall be separately 
stated. 

§ 5. The Tax Receiver shall keep his sheets and books for 
said fiscal year so as to show separately the money received un- 
der the heads named in the preceding section; and when he 
reports his collections, he shall, by calculation, ascertain the 
sum belonging to each fund and purpose named in the first 
section of this ordinance, and in doing so he shall separate the 
amounts of taxes collected under the levies as stated in Section 
2 of this ordinance, to pay principal and interest of the bonds 
issued at the dates mentioned in said section from the re- 
mainder of the taxes collected for Sinking Fund purposes, as 
provided for in Section 1 of this ordinance. He shall also, in 
the books and sheets, keep a column for discount or interest, 
and one for penalties or costs. 

§ 6. The authentication of the tax bills, as required by law, 
shall be made thereon in red ink, over the signature of the 
City Assessor, or a stamped fac-simile thereof, and in the fol- 
lowing form: “Original tax bill for the fiscal year, ending 
August 31, 1909. 

EEA Tels emits City Assessor.” 

§ 7. This ordinance shall take effect from and after its 
passage. | 

Approved December ZourLoWel 


TAXES—LEVY. 551 


TAXES. 
Levy for the Fiscal Year Ending August 31, 1910. 


AN ORDINANCE concerning the taxes for the fiscal year 
ending August 31, 1910. 


Be it ordained by the General Council of the city of Lowsville: 


$ 1. The following ad valorem taxes are hereby levied for 
the fiscal year ending “August 31, 1910, on all lands improve- 
ments and personal property, tangible cand intangible, in the 
city of Louisville, held or owned by every person, firm, com- 
pany, association and corporation in his, her, their or its own 
right, or as fiduciary, guardian or agent, subj ect to municipal 
taxation, under the ‘laws of the State of eaniaee and under 
the “Act for the government of cities of the first class,”’ ap- 
proved July 1, 1893, and the amendments thereto, including 
all property and franchises heretofore or hereafter assessed by 
the City Assessor, State Railroad Commission and the State 
Board of Valuation and Assessment, for taxation by the city 
of Louisville, in and for said fiscal year, as provided by law, 
and in each case on each one hundred dollars of assessed ‘value, 
but not to include any property exempt by law from such taxa- 
tion, to-wit: 


For Schools, thirty-six cents... 2. $ .36 
For Sinking Fund, four and one-half cents... .041% 
For Police Purposes, twenty-four cents...... 24 
For Fire Department, twenty-one and one-half 

a aP WIUS lgSyIE a 20 el al i 2116 


For Street and Sewer Cleaning, sixteen cents .16 
For Reconstruction of Streets, fourteen and 


DUC aT CeLILa eR eek Ee 14% 
For Street Repairs, eight and one-half cents.. .08% 
For Construction and Repair of Sewers, eight 

PUmemern artery Cellier <2 Sii.05 vey oe esc a e's 0814 
For House of Reform, four cents........... 04 
For Charitable Institutions, seven and three- 

yl NGiC Tsk Poy nk LAs a Rags SRM 2 ae Dane 07% 
For Parks, seven and three-quarter cents.... .0734 
For Library Purposes, three and one-half cents .03M% 
For General Purposes, twenty-six cents...... .26 


For Firemen’s Pension Fund, one-half of one 
PC Aer ea ey eae Ni ADS gr cay ek 01% 


TAXES—LEVY. 


Ot 
Ol 
i) 





For Policemen’s Pension Fund, one-half of 





One Bente ee ee ok See eee 00% 
For Board of Children’s Guardians, one-quar- 

ter Of ONG: Cute Cie ie ee eee 0014 
For Board of Tuberculosis Hospital, one and 

one-half cents 72." Ace eee ee 0116 

Total, one dollar and eighty-five cents...... $1.85 


The levy of four and one-half cents on each one hun- 
aed igllars for Sinking Fund purposes, in Section 1, of this 
ordinance, includes the following levies for the payment of 
interest and principal of the bonds of the city of Louisville, 
issued under ordinances, and dated as follows, to-wit: Two mills 
and seven hundred and twenty-seven one thousandths (.2727) 
of one mill, for the bonds dated July 1, 1897, issued under the 
ordinance approved June 25, 1897; two mills, six hundred and 
eighty-three one-thousandths (.2683) of one mill, for the bonds 
dated May 1, 1900, issued under the ordinance approved March 
rat te ARS LL OE: six hundred and fifty-nine one-thousandths (.0659)} 
of one mill, for the bonds dated April 1, 1901; one-mill andi 
nine hundred and fiftv-nine one thousandths (.1959) of one 
mill, for the bonds dated June 1, 1901; six hundred and ninety- 
six one-thousandths (.0696) of one mill, for the ponds dated 
July 1, 1901, which last three issues af bonds were issued 
under the ordinance approved February 2, 1901; nine hundred 
and nine one-thousandths (.0909) of one mill, for the South 
Louisville bonds, dated November 1, 1892, made a charge upom 
the Sinking Fund of the city of Louisville by an act of the 
Legislature, approved March 22, 1902; five mills, four hundred 
and sev enty thousandths (5470) of one mill, for the refunding 
bonds dated January 1, 1903, issued under the ordinance ap- 
proved August. 8, 1902; one mill, one hundred and seventeen 
thousandths Cis ) of one mill, for the bonds dated April 1, 
1905, issued under the ordinance approved March 6, 1903; 
four mills, two hundred and ninety-five thousandths (.4295) of 
one mill, for the bonds dated July 1, 1903, under the last men- 
tioned ordinance: one mill, two hundred and fifty-nine thou- 
sandths (.1259) of one mill for the Park and Sewer Bonds, 
dated January 1, 1901, under the ordinance approved October 
17, 1900; two cents and three mills and two hundred and 
twenty-six thousandths (2.3226) of one mill, for the Sewer 
Bonds, dated February 1, 1907, and issued under an ordi- 
nance approved October 2, 1906. 

§ 3. The tax bills shall be made out by the City Assessor on 
Wie having on them in print, both in detail and in totals, 
the rates of ad valorem taxes as provided in the first section of 


TAXES—LEVY. stats: 


this ordinance, and in casting up amounts the sum chargeable 
on lands, improvements and personalty shall be separately 
stated. 

§ 4. The Tax Receiver shall keep his sheets and books for 

said fiscal year so as to show separately the money received un- 

der the heads named in the preceding section; and when he re- 
ports his collections, he shall, by calculation, ascertain the sum 
belonging to each fund and purpose named in the first section 
of this ordinance, and in doing so he shall separate the amounts 
of taxes collected under the levies as stated in Section 2 of this 
ordinance, to pay principal and interest of the bonds issued at 
the dates mentioned in said section, from the remainder of the 
taxes collected for Sinking Fund purposes, as provided for in 
Section 1 of this ordinance. He shall, also, in tue books and 
sheets, keep a column for discount or interest, and one for pen- 
alities or costs. 

§ 5. The authentication of the tax bills, as required by 
law, shall be made thereon in red ink, over the signature of the 
City Assessor, or a stamped fac simile therof, and in the follow- 
ing form: Original tax bill for the fiscal year ending August ol, 
191.0. 

ah ets Aone EAS tip me City Assessor.” 

§ 6. This ordinance shall take effect from and after its 
passage. 

Approved December 15, 1909. 


TAXES. 
Levy for School Taxes for the Fiscal Year Ending August 
31, 1909. 


AN ORDINANCE concerning school taxes for the fiscal year 
ending August 31, 1909. 

I 

Be it ordained by the General Council of the city of Louisville: 


f 

§ 1. The following ad valorem tax is hereby levied for the 
fiseal year ending August 31, 1909. on all lands, improvements 
and personal property, tangible and intangible, in the city of 
Louisville held or owned by every person, firm, company, asst. 
ciation and corporation in his, her, their or its own right, or as 
fiduciary, guardian or agent, subject to municipal taxation, un- 
der the laws of the State of Kentucky, and under the act for the 


TAX BILLS—PUBLICATION. 


_—— 


554 


government of cities of the first class, approved July 1, 1898, 
and the amendments thereto, including all the property and 
franchises heretofore or hereafter assessed by the City Assessor, 
State Railroad Commission and the State Board of Valuation 
and Assessment, for taxation by the city of Louisville in and for 
said fiseal year, as provided by law, and on each one hundred 
dollars of assessed value, but not to include any property ex- 
empt by law from such taxation, to-wit: 
For-schools}iawro.céntss.: Sane Sete $ .02 

§ 2. This ordinance is passed pursuant to a judgment of 
the Jefferson Cireuit Court wherein the General Council of 
the city of Louisville was ordered and directed to levy an extra 
tax of not less than two cents on the hundred dollars for school 
purposes for the fiscal year ending August 31, 1909, and order- 
ing that said levy be based on the assessment made as of Sep- 
tember 1, 1908. 

S 3. The tax bills shall be made out by the City Assessor 
on blanks having on them in print, both in detail and in totals, 
the rates of ad valorem taxes as provided in the first section of 
this ordinance, and in casting up the amount the sum charge- 
able Se lands, improvements and personalty shall be separately 
stated. 

S 4. The Tax Receiver shall keep his sheets and books for 
said fiscal year so as to show separately the money received un- 
der this levy and when he reports his collections he shall by 
calculation ascertain the sum belonging to the fund and pur- 
pose named in the first section of this ordinance. 

S 5. The authentication of the tax bills, as required by 
law, shall be made thereon in red ink, over the signature of 
the City Assessor, or a stamped fac-simile thereof, and in the 
following form: “Original tax bill for the fiscal year ending 
August 31, 1909. 

Pa ye Spe ove e UlbY Assesses 

§ 6. This ordinance shall take effect from and after its 
passage. 

Approved October 22, 1909. 


TAX BILLS—PUBLICATION OF. 


AN ORDINANCE providing for the publication of the list of 
delinquent taxpayers. 

? 

WHEREAS, Section 3005 of the Kentucky Statutes in re- 

gard to cities of the first class requires that on the first day of 

May of the second year after the assessment of city taxes, the 


— 


TAX RECEIVER’S OFFICE. OD 





Receiver shall make out a list of the bills still wholly or partly 
unpaid, and furnish the list to the City Attorney, whose duty it 
shall be to bring suit thereon; and, 

WHEREAS, It is desirable that every taxpayer shall have 
the opportunity to settle without incurring any court costs, 
therefore, 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That as soon as practicable after said delinquent list 
has been furnished to the City Attorney, as required by said 
statute, and before commencing suit thereon, he shall have 
prepared an alphabetical list of said delinquent taxpayers, with 
a brief description of the property upon which the tax is due, 
and cause the same to be publishel in the newspaper or news- 
papers selected by the General Council to do the public advertis- 
ing of the city of Louisville, said publication to be by one in- 
sertion for each of two days. 

§ 2. The failure to make the publication required by this 
ordinance, or the failure to include in said publication the name 
of any delinquent taxpayer, shall not in any way affect any 
of the rights or remedies of the city of Louisville for the collec- 
tion of its tax bills against said delinquents. 

§ 3. The cost of such publication shall be paid, as other 
public advertising, upon a voucher approved by the City At- 
torney and attested by the Comptroller. 

§ 4. This ordinance shall take effect from its passage. 

Approved May 8, 1908. 


TAX RECEIVER’S OFFICE—DEPUTIES IN. 


AN ORDINANCE concerning the employes in the Tax Re- 
ceiver’s oflice of the city of Louisville. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That there shall hereafter be in the office of the Tax 
Receiver of the city of Louisville three deputies, one of whom 
shall be styled the Cashier of the Tax Receiver, at a salary of 
eighteen hundred ($1,800.00) dollars per annum, payable 
monthly, one of whom shall be styled the Bookkeeper of the 
Tax Receiver at a salary of twelve hundred ($1,200.00) dol- 
lars per annum, payable monthly, and one of whom shall be 
styled the General Clerk of the Tax Receiver at a salary of one 


5BG TELEPHONE RATES. 





thousand ($1,000.00) dollars per annum, payable monthly, 
and three ‘deputy clerks, each at a salary of nine hundred 
($900.00) dollars per annum, payable monthly, all of whom 
shall be appointed by said Tax Receiver, subject to the approval 
of the Board of Aldermen. 

§ 2. In addition to the officers mentioned in the first sec- 
tion of this ordinance, the Tax Receiver of the city of Louis- 
ville may also appoint, subject to the approval of the Board of 
Aldermen, for service during the months of January, February 
and March of each year, six deputy clerks, each to be paid a 
salary at the rate of seventy-five ($75.00) ‘dollars per month, 
payable monthly. 


§ 8. The ordinance entitled, “An ordinance allowing the 
Tax Receiver of the city of Louisville to appoint, with the ap- 
proval of the Board of Aldermen, not more than three addi- 
tional deputy Tax Receivers for such term as the Tax Receiver 
may deem necessary for the service of distress warrants and 
garnishments of rents and the collections of taxes thereunder, 
and such other services as may be demanded of them,” ap- 
proved September 5, 1896, and the ordinance entitled, “An 
ordinance concerning the Tax Receiver’s office of the city of 
Louisville,” approved December 12, 1896, and all other ordi- 
nances in conflict herewith are hereby repealed. 

§ 4. This ordinance shall take effect from and after its 
passage. 

Approved December 10, 1908. 


TELEPHONE RATES. 


AN ORDINANCE fixing the maximum rates to be charged for 
telephone service in the city of Louisville: 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That no company, corporation or individual operating, 
conducting or maintaining a telephone system or furnishing 
telephone service in the city of Louisville, shall charge more for 
such service than the following rates, which are hereby fixed, 
established and ordained to be the maximum rates that may be 
charged for telephone services in the city of Louisville. 

§ 2. For each telephone in a business house or office the 
maximum rate or charge shall not exceed, 

For a single or private line, unlimited service, $5.50 per 
month, or at the rate of $66.00 per year. 


TELEPHONE RATES. 557 


For a party line, unlimited service, $4.00 per month, or at 
the rate of $48.00 per year. 

For each telephone in a residence the maximum rate or 
charge shall not exceed, 

For a single or private line, unlimited service, $3.00 per 
month, or at a rate of $86.00 per year. 

For a party line, unlimited service, $2.00 per month, or at 
the rate of $24.00 per year. 

For each extension desk telephone the maximum rate or 
charge shall not exceed $1.00 per month, or at the rate of 
$12.00 per year. 

§ 3. Any person, firm or corporation violating any pro- 
vision of this ordinance or charging a higher rate for telephone 
service than is peed by this ordinance shall be subject to a fine 
of not less than $5.00 nor more than $25.00 for each offense. 
Each charge for telephone service in excess of the rates herein 
fixed and each month that such charge is made for such service 
shall constitute a separate offense. 

§ 4. That an ordinance entitled, ‘““An ordinance regulating 
the charges for telephone service in the city of Louisville,” ap- 
proved November 12, 1906, is hereby repealed: 

Provided, however, that this ordinance shall not be so con- 
strued as to confer upon any person, firm or corporation now 
conducting or operating a telephone system in the city of 
Louisville the right to charge any rate in excess of that limited 
in the charter or franchise of such person, firm or corporation. 

§ 5. This ordinance shall take effect from and after its pas- 
sage. 


Approved March 6, 1909. 


558 ‘ TELEPHONE. 





TELEPHONE—REPEAL OF THE OHIO VALLEY 
TELEPHONE FRANCHISE. 


AN ORDINANCE repealing an ordinance entitled, “An ordi- 
nance confirming and ratifying Section 5 of an act passed 
by the General Assembly of the Commonwealth of Ken- 
tucky, and approved on the 3d day of April, 1886, and 
entitled, “An act to incorporate The Ohio Valley Tele- 
phone Company,’ and granting to the said The Ohio 
Valley Telephone Company the right to construct, equip, 
operate and’ maintain telephone systems and exchanges, 
and to erect poles and string wires thereon; to construct, 
operate and maintain conduits and manholes; to lay pipes, 
cables, conductors and wires, and to operate its telephone 
lines over, along or under any highway, street or alley in 
the city of Louisville,” approved August 17, 1886. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That an ordinance entitled, “An ordinance confirm- 
jing and ratifying Section 5 of an act passed by the General 
Assembly of the Commonwealth of Kentucky, and approved 
on the 8d day of April, 1886, and entitled, ‘An act to incor- 
porate The Ohio Valley Telephone Company,’ and granting 
to the said The Ohio Valley Telephone Company the right to 
construct, equip, operate and maintain telephone systems and 
exchanges, and to erect poles and string wires thereon; to con- 
struct, operate and maintain conduits and manholes; to lay 
pipes, cables, conductors and wires, and to operate its. tele- 
phone lines over, along or under any highway, street or alley 
in the city of Louisville,” approved August 17, 1886, be and 
the same is hereby repealed. 

§ 2. This ordinance shall take effect from and after its pas- 
sage. 

Approved January 23, 1909. 


TENEMENT HOUSES. arate) 


TENEMENT HOUSES—COMMISSION TO INVESTIGATE. 


AN ORDINANCE concerning the appointment by the Mayor 
of a commission to investigate and report upon tenement 
houses and tenement conditions, and fixing the provisions, 
rights and powers under which the commission is to exist 
and work, and providing an appropriation to defray the ex- 
penses of the work of said commission. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the Mayor be hereby empowered and directed to 
appoint a commission, of not less than twenty nor more than 
thirty residents of the city of Louisville and citizens of Ken- 
tucky, to make a thorough and scientific investigation of all 
tenement houses and tenement conditions of the city, with the 
object and purpose of making a report to the Mayor and Gen- ° 
eral Council of such houses and such conditions. 

§ 2. That said commission and the members thereof shall 
serve without pay or compensation; that the members of such 
commission shall receive from the Mayor certificates of appoint- 
ment; that the commission shall organize itself by selecting its 
chairman, secretary, treasurer and executive committee and 
other committees, and by making and using such by-laws as 
may be necessary to conduct its work along ordinary business 
lines; that said commission shall report fully in writing to the 
Mayor and General Council upon its work and findings, con- 
nected with said tenement houses and conditions, on or before 
the Ist day of June, 1909; that each member of said commis- 
sion, bearing a certificate of appointment from the Mayor, shall 
be clothed and vested with the powers of a health officer of the 
city in respect to investigations of santiary conditions con- 
nected with tenement houses. 

§ 3. That the Mayor be empowered and directed to give the 
aid of the Police Department to said commission and its mem- 
bers wherever needed. 

§ 4. That there be and is hereby appropriated the sum of 
$500 (five hundred dollars) out of the fund for general pur- 
poses for defraying the necessary expense of the work of said 
commission, said money to be deposited with the Treasurer of 
the city and to be paid out by him on vouchers duly approved 
in writing by the Mayor and by the chairman of said commis- 
sion. 

§ 5. That all ordinances, or parts of ordinances, in con- 
flict with this ordinance be, and the same are, hereby repealed. 


560 TENEMENT HOUSES—THEATERS. 





§ 6. That this ordinance shall take effect from its passage. 
Approved February 16, 1909. 


TENEMENT HOUSES—TIME OF REPORT. 


AN ORDINANCE granting further time to the commission to 
investigate and report upon tenement houses and tenement 
conditions to report to the Mayor and General Council 
upon its work and findings. 


Be it ordained by the General Council of the city of Lowsville: 


That further time, until October 1, 1909, be given, al- 
lowed and granted to the Commission to investigate and re- 
port upon tenement houses and tenement conditions, to com- 
pile, prepare and file with the Mayor and General Council its 
report upon its work and findings connected with tenement 


houses and conditions. 
Approved July 13, 1909. 


THATERS—PUBLIC HALLS. 
Overcrowding of Theaters and Public Halls. 


AN ORDINANCE to prevent the dangerous overcrowding of 
theaters or other public halls in the city of Louisville. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That it shall be unlawful during the performance of 
any play, opera. or other exhibition in any theater or other 
public hall in the city of Louisville, to allow any person or per- 
sons of the audience to stand, be seated, or remain in any of 
the aisles or passways of the said theater or public hall. } 

§ 2. Any lessee, manager, owner, proprietor, or employe of 
such theater or public hall who shall violate the provisions of 
Section 1 of this ordinance shall be fined not less than five nor 
more than twenty dollars for each offense. 

§ 8. Each person allowed to stand or be seated in or to 
occupy such aisle or passway as aforesaid shall be deemed a 
separate offense. 


TRAFFIC——REGULATING. 551 


§ 4. This ordinance to take effect from the date of its ap- 
proval. 
Approved October 9, 1895. 


TRAFFIC REGULATING. 


AN ORDINANCE regulating moving, travel and traffic upon 
the public streets and highways of the city of Louisville, 
Jefferson county, Ky., and providing a punishment for any 
violation thereof. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. A vehicle, except when passing another vehicle ahead, 
shall keep as near the right-hand curb as possible. 

§ 2. A vehicle meeting another vehicle shall pass on the 
right. 

§ 3. A vehicle overtaking another vehicle shall pass on the 
left side of the overtaken vehicle, and not pull over to the right 
until entirely clear of the over taken vehicle. 

§ 4. Slow moving and heavily laden vehicles shall keep 
close to the right curb. 

§ 5. On all avenues or streets divided by parkway, walk, 
sunken-way or viaduct, vehicles shall keep to the right of such 
division. 

§ 6. A vehicle turning into another street to the right shall 
turn the corner as near the right-hand curb as practicable. 


THus: J \ 


§ 7. A vehicle turning into another street to the left shall 
turn around the intersection of the two streets. 


Lab i 4 WoOPr THIs WAY J { 


Vie SS SS 


§ 8. Drivers of vehicles or chauffeurs of autos that are 
proceeding correctly along the right side of the street and de- 
sire to discharge or take on merchandise, or passengers, on the 
left side of the street shall cross over, making a complete turn. 


THUS? NOT THAIS WAY. 


eore 
Ty ne ee 


ay) TRAFFIC——REGULATING. 





§ 9. No vehicle shall stop with the left side to the curb, 

§ 10. No vehicle, unless in an emergency or to allow an- 
other vehicle or pedestrian to cross its path, shall stop in any 
public street or highway except near the right-hand curb 
thereof, and so as not to obstruct a crossing. 

§ 11. No vehicle shall back to make a turn in any street, if 
by so doing it interferes with other vehicles, but it shall go 
around the block or to a street sufficiently wide to turn without. 
backing. 

§ 12. The drivers of vehicles owned or controlled by any 
firm, person or corporation shall not proceed in procession, and. 
a distance of at least fifty (50) feet must be between every 
such vehicle. 

§ 18. The driver or person in control of the vehicle in 
slowing up or stopping shall signal those in the rear by raising: 
a whip or hand vertically. 

§ 14. No vehicle shall be turned while in motion, or in 
starting to turn from a stand-still, unless a signal shall pre- 
viously be given by raising the whip or hand, indicating by 
it the direction in which the turn is to be made. 

§ 15. No person in control of a vehicle shall back same 
without ample warning having been given, and while backing 
unceasing vigilance must be exercised not to injure those in 
the rear of them. 

§ 16. Every person in charge of a vehicle shall pull to the 

right side of the street or road when signaled from a vehicle be- 
hind desiring to pass. 

§ 17. All bicycles, tricycles, velocipedes, motor bicycles, 
automobiles and all other riding machines and horseless vehicles- 
upon the streets shall have attached thereto a gong, bell, horn 
or other adequate signal in good working order, aid of proper 
size and character, sufficient to give warning of the approach 
of such vehicles to pedestrians and to riders and drivers of other 
vehicles and to persons entering or leaving the street cars; and. 
such gongs, bells, horns and other signals shall not be sounded. 
except when necessary to give warning, provided that no such 
gong, bell, horn or other signal shall produce a sound unusually 
loud, annoying or of distressing character or such as will fright- 
en pedestrians or animals, or extreme noise, as “SIRENS” or 
similar instruments that produce unusually loud, annoying or 
distressing sounds, provided that provision of this section shall 
not apply to public ambulances, vehicles belonging to the fire 
or police departments of the city of Louisville, or vehicles be- 
longing to public service corporations required to respond to 
alarms of fire or other emergency calls. 

§ 18. No person operating a self-propelled vehicle shall per- | 
mit the motors of same to operate in such a manner as to visibly 


TRAFFIC 





LEGULATING. 


wl 








emit an unduly great amount of steam, smoke or products of 
combustion from exhaust pipe or openings. 

§ 19. No person operating a self-propelled vehicle shall per- 
mit the pipes, “mufflers” or other devices to emit sounds of ex- 
haust in a loud and annoying manner, and all such vehicles 
shall be operated in as noiseless manner as possible. 

§ 20. All automobiles operating or standing upon the pub- 
lic highways of the city of Louisville between one hour after 
sunset and one hour before sunrise, shall be provided with at 
least two lighted lamps showing white lights, visible for a 
reasonable distance in- the direction toward which such vehicle 
is going and one red light attached to the rear of such vehicle, 
visible for a reasonable distance in the rear thereof. 

§ 21. Vehicles of the Police Department, Fire Department, 
Vire Patrol, Traffic Emergency Repair, United States mail and 
ambulances shall have the right of way at alt times in any 
street or through any procession. 

§ 22. All vehicles and street cars going in an easterly direc- 
tion of westerly direction shall have the right of way over all 
vehicles or street cars going in a northerly or southerly direc- 
tion. 

§ 28. Subject to Section 21 of this ordinance, street cars 
shall have the right of way between cross streets over all other 
vehicles, and the driver or person in control of any vehicle 
proceeding upon a track in front of a street car shall imme- 
diately turn out upon a signal from the motorman or driver of 
the car. 

; § 24. No vehicle or street car shall occupy any street so as 
to ‘ext fere with or interrupt the passage of other cars or vehi- 
cles. 

§ 25. Any vehicle waiting at the curb shall promptly give 
place to a vehicle about to take on or let off passengers. 

-  § 26. The driver or person in control of a vehicle, on the 
approach of a fire engine, or any other fire apparatus, shall im- 
mediately draw up said vehicle as near as practicable to the 
right- Seek Ne and parallel thereto and bring it to a standstill. 

§ 27. No street car shall be delayed longer than one minute 

by persons Wane or unloading a vehicle. 


§ 28. Every person riding, driving, propelling or in charge 
of any vehicle upon any street shall keep said vehicle at least 
four feet from the running board or lowest step of any street 
ear which is stopping for the purpose of taking on or discharg- 
ing passengers, and if, by reason of the presence of vehicles at 
the place where such car is stopping or by reason of the narrow- 
ness of the street, and for any other reason, it 1s not possible to 
preserve such distance of four feet from such running board or 
lowest step (as herein prescribed), then such person “shall stop 


564 TRAFFIC——REGULATING. 





such vehicle until such car shall have taken on or discharged. 
its passengers and again started. | 

§ 29. No vehicle, except those mentioned in Section 21 
hereof, shall proceed at any time at a greater speed than eight 
(8) mlies an hour in the territory bounded on the north by the: 
river, on the south by Chestnut, on the west by Fifteenth street 
and on the east by Preston street and in the territory outside: 
thereof no vehicle (except those mentioned in Section 22. 
hereof) shall exceed a speed of twelve (12) miles per hour, and. 
no vehicle shall cross any street or avenue running east and 
west, or make any turn at a speed rate exceeding one-half of the 
speed permitted by this section. 

§ 30. No horse shall be left unattended in any street or 
highway unless securely fastened, or unless the wheels of the 
vehicle to which he is harnessed are securely tied, fastened or 
chained, and the vehicle is of sufficient weight to prevent it be- 
ing dragged at a dangerous speed with the wheels so secured. 

§ 31. No horse shall be unbitted in any street or highway 
unless secured by a halter. 

§ 32. No person im any street or highway shall remove a. 
wheel, pole, shaft, whiffle-tree, splinter-bar or any part of a 
vehicle, or any part of the harness of the horse likely to cause 
accident if the horse should start, without first unhitching the- 
horse or horses attached to said vehicle. 

§ 35. No person shall drive upon the streets or highways. 
any unduly dangerous or partially “broken” animal, or use the 
streets or highways for the use of “breaking” animals, it being: 
the intention of. this section to define the words “‘broken”’ and 
“breaking” to the acts of accustoming animals to the saddle 
and harness for the purpose of subjecting or to use the streets. 
for sale purposes. 

S 34. No person shall drive a vehicle that is so covered in 
or constructed as to prevent the driver thereof from having a 
sufficient view of the traffic following and at the sides of such 
vehicle. 

§- 35. No one shall drive, conduct or load such vehicle in 
such a manner as to be likely to cause a blockade, accident,. 
breakdown or injury to man, beast or property. 

§ 56. No person shall so load a vehicle with iron or other 
material that may strike together and produce a great noise, 
without properly “deafening” it so that it shall cause no un-- 
necessary noise. 

§ 37. No person under sixteen (16) years of age shall. 
drive a public numbered, licensed or business vehicle. 

§ 38. No one shall ride or jump upon the rear of any ve- 
hicle without permission, and when so riding no part of the 


TRAFFIC——REGULATING. 565 


body of such person shall protrude beyond the limits of the 
vehicle. | 

§ 39. No vehicle shall be left unhitched in the streets or 
publie days at night without a red light being displayed there- 
on. 

§ 40. A vehicle shall back up to a curb only long enough 
to be loaded or to be unloaded. 

§ 41. Horses attached to vehicles backed up to a curb shall 
be turned to the right. The shafts of unhitched vehicles backed 
up to the curb shall be turned to the right. 

§ 42. No one shall crack or so use a whip as to annoy, in- 
terfere with or endanger any person, or excite any horse other 
than the one he is using. 

§ 48. The roadbeds of highways and streets are primarily 
intended for vehicles, but pedestrians have the right to cross 
them in safety, and all drivers of vehicles shall exercise all 
proper care not to injure pedestrians, and pedestrians before 
stepping from the sidewalk to the roadbed should look to see 
what is approaching and shall not needlessly interfere with the 
passage of vehicles. 

§ 44. The word vehicle includes equestrians, led horses and 
everything on wheels or runners, except street cars and baby 
carriages. 

§ 45. The word herse includes all animals used for the pur- 
pose of riding and drawing vehicles. 

§ 46. The word driver includes the rider of wheels and the 
operator of motor wheels and automobiles and street cars, and 
the rider of a horse and the driver of vehicles drawn by a horse 
or horses. 

§ 47. Drivers must at all times comply with any directions: 
given by voice or hand of any ocffier of the police force as to 
stopping, starting, approaching or departing from any place, 
and also as to the manner of taking up or letting off pas- 
sengers and the loading and unloading of vehicles. 

S 48. In all streets and alleys that are less than fifteen (15) 
feet in width, vehicles must enter from the north and east end 
of such streets or alleys and said vehicles shall be so headed at 
all times while in such streets or alleys; and in leaving will 
leave through the south and west ends of such streets and alleys. 

§ 49. Any person, firm or corporation who shall violate 
any provision of this ordinance shall be fined not less than 
five nor more than twenty-five dollars for each offense. 

§ 50. All ordinances and parts of ordinances in conflict 
herewith are hereby repealed. 

§ 51. This ordinance shall take effect from and after its pas- 
sage. 

Approved August 9, 1909. 


566 TRANSFER OF ARTICLES. 











TRANSFER—ARTICLES AND LABOR FROM ONE 
DEPARTMENT TO ANOTHER. 


AN ORDINANCE providing for the transfer of articles and 
labor from one department to another department of the 
city. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. Whenever it is deemed desirable by the head of any 
department of the city of government to obtain any article of 
personal property or labor belonging to another department he 
shall first make out a requisition on the regular requisition 
blanks now used, or that may hereafter be used by his depart- 
ment for the purchase of supplies, which requisition shall be 
approved by the board, if there be one, having control of such 
department. The requisition shall then be sent to the City 
Buyer, who shall make an order on the department from which 
the personal property or labor is to be obtained. If said order 
is approved by the head of such department and by the board, 
if there be one, having control thereof, the said personal prop- 
erty or labor shall be. transferred to the department ordering 
the same, which shall give a receipt in duplicate therefor. 

S02, Such personal property or labor shall be furnished at 
cost, or at a price not greater than cost, that may be agreed 
on between the heads of the departments and board or boards, 
if any, having control of them. Wherever the price shall be 
sO agreed on it shall be certified to the City Buyer, who shall 
keep a separate record of the same in a special book for that 
purpose. 

§ 3. The department furnishing the personal property or 
labor shall make out a transfer voucher at the end of each 
month, charging thereon such personal property or labor to the 
department ordering same and giving the date and number of 
each requisition on which it was furnished, and shall attach 
to said transfer voucher the original receipt given by the de- 
partment receiving the said per sonal property or labor. The 
said transfer voucher shall then be approved by the heads of 
the departments furnishing and ordering the said personal 
property or labor, and by the board or boards, if any, having 
control of such departments or of either of them. 

§ 4. Upon the approval of any transfer voucher, as pro- 
vided in Section 3 of this ordinance, it shall be filed with the 
City Buyer, who shall enter it upon his books and certify to Its 
correctness and then deliver it to the City Comptroller, who 


mn 2T7I PRP - ! 
TREASURER. 567 








shall register the transfer and credit the department by which. 
the property or labor is furnished, with the value of the article 
or labor so furnished, and charge the department to which the 
same is furnished with the value thereof, and thereupon the 
City Comptroller shall certify said record so made by him to the 
City Treasurer, and it shall then be the duty of the City Treas- 
urer to record said transfer and make the proper debit and 
credit to show the facts. 

§ 5. This ordinance shall take effect from and after its pas- 
sage, and all ordinances in conflict herewith are hereby repealed. 

Appr oved August 26, 1909. 


TREASURER. 


AN ORDINANCE concerning the Treasurer of the city of 
Louisville. 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. The Treasurer shall receive and keep the money of the 
city until disbursed on warrants or paid under order of the 
Council. 

§ 2. He shall also receive all notes, bonds, and other ev1- 

dences of debt to the city, which he shall colelet or account for, 
and he shall see that all persons bound to pay money to the 
Treasurer make due account and payment, and shall promptly 
report to the Council every failure to do so. 
- § 8. He shall also keep in a proper set of books, by double 
entry, a full and accurate account of moneys receiv ed and dis- 
bursed for the city, specifying the date of receipt and disburse- 
ment, from whom received and to whom paid, and on what ac- 
count received or paid, keeping a separate and accurate account. 
of each head of revenue or expenditure, and of each fund, and 
of the debits and credits belonging to each. 

§ 4. He shall keep a register of all warrants redeemed or 
paid into the treasury, describing such warrant by its date, 
number, page, date of payment and name of person to whom 
it was paid, and shall cancel and keep on file all such warrants. 

§ 5. To each person paying money he shall deliver a du- 
plicate receipt therefor, specifying the date of payment, on 
what account, and whether paid in money, in warrants, or 
otherwise. 


568 TREASURER. 


§ 6. On receiving money set apart to several funds or ac- 
counts, he shall immediately credit to each fund or account its 
true proportion thereof. 

Approved October 26, 1853. 


TREASURER. 
Public Funds—uUse of. 


AN ORDINANCE concerning the use of the public funds. 


The Treasurer is prohibited from using, directly or indi- 
rectly, the public money, funds, or property in his charge for 
his own use or benefit, and from permitting it to be used by or 
for any other person, unless authorized to do so by some law or 
ordinance. 

Approved October 26, 1853. 


TREASURER. 
Payment by, to Departments and Boards Regulated. 


AN ORDINANCE regulating the manner of the payments to 
be made by the City Treasurer to the Louisville School 


Board, to the Board of Park Commissioners, to the Board 
of Managers of the Louisville Industrial School of Reform 
(or House of Refuge), and to the Commissioners of the 
Louisville Sinking Fund. 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. That the amounts received by the City Treasurer from 
the Receiver of City Taxes for the credit, respectively, of the 
Louisville School Board, of the Board of Park Commissioners, 
of the Board of Managers of the Louisville Industrial School 
of Reform (or House of Refuge), and of the Commissioners of 
the Louisville Sinking Fund, shall be paid by the said ‘Treas- 
urer to them, respectively, in weekly installments. The re- 
ceipts of the proper officers of the institutions receiving the 
money to be evidence of payment in settling the accounts of 
the City Treasurer. 


TREASURER—TRESPASS. 569 


§ 2. All ordinances in conflict with this ordinance be and 
are hereby repealed. 

§ 5. This ordinance shall take effect from and after its pub- 
lication. 

Approved January 31, 1896. 


TREASURER. 
Clerk’s Salary. 


AN ORDINANCE for providing a clerk for the City Treasurer 
and fixing his salary. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That the City Treasurer, with the approval of the 
Mayor, shall have the power to appoint a clerk for his office, to 
perform such duties as directed by the said Treasurer or by 
ordinance. 

§ 2. The said clerk shall receive fifteen hundred ($1,500) 
dollars per annum, payable in monthly instaliments, on the 
pay-roll of the city. officers. 

S 3. All ordinances in conflict herewith be and are hereby 
repealed. 

Approved September 30, 1895. 


TRESPASS ON VACANT LOTS. 


Ordinance Prohibiting. 


AN ORDINANCE prohibiting certain trespasses 1n vacant lots 
or commons within the limits of the city of Louisville. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That hereafter it shall be unlawful for any person to 
dump or throw any dirt, trash, or rubbish of any kind or de- 
scription on any vacant lot or common within the limits of the 
city of Louisville, or to dig, cut, or carry off from any such lot 
or common any dirt, or sod, without first having obtained 
the permission of the owner of said lot or common in writing. 


570 UNDERGROUND WIRES. 








§ 2. For any violations of the provisions of this ordinance 
the party offending, on conviction therefor, shall be fined not. 
less than ten dollars nor more than twenty dollars for each of- 
fense. . 

§ 3. This ordinance shall take effect from and after its pub- 
lication. 

Approved June 26, 1894. , 


.UNDERGROUND WIRES. 


AN ORDINANCE concerning telegraph, telephone and electric 
light and power wires in the city of Louisville. 


WHEREAS, Great danger to human hfe and property is 
occasioned by the large number of telegraph, telephone and 
electric light and power wires which have been erected and are 
trained, maintained and operated on, over and along the public 
ways of the city of Louisville; and 

WHEREAS, The existence of such wires interferes with the 
necessary approach to the buildings on said public ways for 
other purposes, and incommodes the public use of the streets 
and alleys where such wires are located; and, 

WHEREAS, Certain of the telegraph, telephone and elec- 
tric and power companies now operating their lines within the 
city of Louisville obtained the privilege to erect poles and train, 
operate and maintain their wires on, over and along the publie 
ways of the city upon the condition and agreement that they 
would remove such wires and poles, and place their wires under 
ground when required or directed to do so by ordinance of the 
General Council; and, 

WHEREAS, The maintenance of telegraph, telephone and 
electric light and power poles and wires upon and along the 
public ways of the city mars the beauty of such public ways, 
and it has become entirely feasible and practicable to train 
and operate electric wires, both low and high tension systems, 
under ground; 

Now, therefore, in the exercise of the police powers vested in 
the city of Louisville, 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That for the purpose of this ordinance as hereinafter 
provided, a district in the city of Louisville is hereby defined 
and shall hereafter be known and referred to as “District A.” 

The said District A shall be bounded as follows: On the 
north by the north line of Main street; on the east by the west 
line of Floyd street; on the south by the south line of Broad- 


UNDERGROUND WIRES. 571 


way street, except between Second and Fifth streets by the 
south line of York street; on the west by the east line of Eighth 
street. 

No telegraph, telephone or electric light or power poles, 
wires, tubes or cables or other wires shall be hereafter placed 
above the surface of any street, alley or public place in that 
portion of the city of Louisville embraced within the boundaries 
.of said District A, except the following, to-wit: 

(1) Conductors placed inside of posts or brackets used in 
connecting lamps and signal boxes on streets with underground 
conductors. 

(2) Overhead trolley wires and wires and poles used by 
street railway or railroad companies, supporting said trollev 
wires. 

(3) Wires, cables, tubes and other electrical conductors 
as may be neecssary for local distribution within the boundary 
of each city block within said District A, but not upon, across, 
over or above the surface of the streets surrounding the blocks 
of and in said District A may be maintained overhead within 
the confines of each of said blocks in said District A, but by 
such means and in the manner as the Board of Public Works 
shall direct, and under the ge ae rules and regulations 
of said Board of Public Works 

Low potential signaling wires may be trained overhead 
across streets, in the discretion of the Board of Public Works 

(4) Such temporary poles, wires and appliances as may be 
necessary to keep in repair,and maintain or extend and make 
connections with the lines now owned and operated by tele- 
graph, telephone, electric light and power companies, until 
such time as by the provisions of this ordinance such lines are 
required to be placed under ground within District A. 

Sot LDAt al conductors, poles, wires, cables and other ap- 
purtenances along or across any street, alley or public place in 
Distirct A of the city, described in Section 1 of this ordinance, 
except 

(a) Overhead trolley wires used by street railway or rail- 
road companies and supporting wires and poles for the same. 

(b) Conductors placed inside of posts or brackets used in 
connecting lamps and signal boxes on streets with underground 
conductors. 

(c) Poles, wires, cables, tubes and other electrical conductors 
as may be necessary for local distribution, as provided in Sub- 
section 3, Section 1 herein. 


Shall, prior to December 31, 1910, be removed, and all wires, 
ducts, tubes, cables and other appurtenances necessary for the 
distribution of electricity for telegraph or telephone service, or 
for light or power service, or for any other purpose in said Dis- 


572 UNDERGROUND WIRES. 





trict A, except as heretofore provided, shall be placed and main- 
tained under eround. All poles, wires, cables, tubes or other 
appurtenances except as heretofore provided, remaining above 
eround in said District A after December 31, 1910, shall be 
deemed as unlawful obstructions to, and encroachments upon, 
the public ways of the city, and, as such, the Board of Public 
Works shall remove or cause the same to be removed at the cost 
and expense of the owner or owners thereof. 

S 3. That any person or corporation which is now duly 
authorized by law, or which hereafter may be thus authorized to 
operate wires, tubes or cables conducting, transmitting or em- 
ploying electricity, including telegraph or telephone service, or 
for any other purpose, along, over or across any streets, alleys - 
or public places of the city of Louisville, desiring to place 
wires, tubes or cables under the surface of. any of the streets, - 
alleys or public places in the city, is hereby authorized, after 
ihe passage of this ordinance, to construct underground con- 
duits and to place and operate wires, tubes or cables under 
eround to the extent to which it is so duly authorized to use 
such streets, alleys or public places—but such company must 
apply for and receive from the Board of Public Works a per- 
mit to construct such conduits, ducts, manholes and other ap- 
purtenances as may be required for placing said wires, tubes or 

cables under ground: which application shall be accompanied 
by full, general and detail specifications and plans showing the 
route, capacity and dimensions of said conduits, ducts, manholes 
and other appurtenances. 


§S 4. That the Board of Public Works is hereby authorized 
and directed upon receipt of an application made as provided in 
Section 3 of this ordinance, which application for placing exist- 
ing overhead wires under ground must be made within five (5) 
months after the passage of this ordinance to promutly con- 
sider the matter of constructing conduits, ducts, manholes and 
other appurtenances in the streets , alleys and public places with- 
in said District A named in said application. The Board of 
Public Works shall consider all applications, statements, plans 
and details presented and examine into the space available for 
conduits or ducts under the streets, alleys and public places ap- 
pled for, and shall decide upon and approve such plans, speci- 
fications, materials and details for construction of such con- 
duits, ducts, manholes, and provide such conditions as in its 
opinion the public interests and needs of the applicant seem to 
demand, and shall include in the plants one duct in each trench, 
and reserve the privilege of use of manholes and appurtenances 
for use of the city as it may require for its police and fire alarm 
circuits and telephone service or other services that the city 
may require or designate. Such ducts, manholes and appurte- 


UNDERGROUND WIRES. 573 


nances in connection therewith shall be constructed and main- 
tained by the parties receiving the permit, and to be used by 
the city free of charge or cost of any kind. 

§ 5. That all persons and corporations required by the pro- 
visions of this ordinance to place their wires under ground are 
required to begin the work of constructing said conduit system 
within one hundred and twenty (120) days after receiving a 
permit from the Board of Public Works, as provided in Section 
3, and to complete the work of putting said wires under ground 
and of removing all poles, overhead wires, appurtenances, etc., 
from all streets, alleys and public places in District A on or 
before December 31, 1910, so that no poles, wires, cables, con- 
ductors or appurtances shall remain above ground upon any 
of the streets, alleys or public places in said District A after 
December 31, 1910, except as provided in Section 1, Sub-sec- 
tions 1, 2 and 3 and Section 2, Sub-sections a, b and ¢ of this 
ordinance. 

§ 6. That any person or corporation desiring to make an 
excavation in an improved public street, alley or highway for 
any purpose mentioned in this ordinance, shall apply to the 
Board of Public Works for a permit, which permit shall only 
be issued after the applicant has deposited with the city of 
Louisville the sum of twenty-five ($25.00) dollars for each 
seventy-five (75) feet of trench, or fractional part of seventy- 
five (75) feet to be excavated, as a special fund to be used by 
the Board of Pubhe Works as hereinafter provided, or after 
bond. a the like amount las been executed in such form and 
with such sureties as the Board of Public Works may approve, 
which shall be renewed from time to time as said board may 
direct. In making excavations in improved streets, alleys or 
highways and in re-filling all trenches made in streets, alleys 
or highways, all work shall be done as directed by the Board of 
PublicWorks and shall be maintained for a period of twelve 
(12) months after the completion thereof to the satisfaction of 
the Board of Public Works. Whenever any of the aforesaid 
work is not done strictly in compliance with the rules and regu- 
Jations prescribed by the Board of Public Works, or is not prop- 
erly maintained for a period of twelve (12) months after the 
completion thereof, then the said Board shall cause all such 
work to be done and the cost thereof shall be charged against 
the person or corporation in default. Whenever the whole or 
part of said deposit as provided in Section 6 shall have been ex- 
pended for the purpose herein described, or there is a charge 
against the bond therein provided, no new permit for the excava- 
tion shall be issued to the person or corporation in whose deposit 
there is a deficit or against whose bond there is a charge until 
the fund is brought up again by the further deposit with the 


574 UNDERGROUND WIRES. 


City Treasurer in the sum of twenty-five ($25.00) dollars for 
each seventy-five (75) feet of trench, or fractional part of seven- 
ty-five (75) feet excavated, or additional bond given. When- 
ever a person or corporation who has a deposit with the City 
Treasurer for the purpose of taking out permits for excavations 
under this section, desires to withdraw the said deposit, he shall 
notify the Board of Public Works, who thereupon shall certify 
to the City Treasurer the amount of the unexpended balance of 
said deposit, and the City Treasurer shall pay to said person or 
corporation holding said certificate the amount of such unex- 
pended balance of said deposit as shown by such certificate, and 
take a receipt in full thereof, provided that all excavations pre- 
viously made by such person or corporation have been refilled 
and all pavements repaired to the satisfaction of the Board of 
Public Works, and have been maintained in good order for at 
least twelve (12) months after completion of such work; and 
likewise the amount of the bond provided in this section and in 
Section 11 may in like manner be reduced or nullitied with the 
consent of the Board of Public Works. The Board of Public 
Works is hereby empowered, upon the granting of a permit, to 
name an Inspector, who shall be paid by the party or parties 
receiving such permit, until all the work of the main conduits. 
and lateral system as contemplated in said permit has been com- 
pleted, and whose duty it shall be to continually inspect and 
oversee such work, and to report to said board any violation of 
any of the provisions of this ordinance, or any of the rules or 
regulations prescribed by said board. 

§ 7. All wives, conduits, pipes, ducts and appurtenances re- 
quired by this ordinance to be replaced under ground shall be 
placed at such depth that the top of any part of the ducts thereof 
shall not be less than two (2) feet below the surface of the street, 
avenue, alley or public place wherein they are located, and shall 
be so located and constructed as not to interfere with or disturb 
existing surface of underground structures, conduits, pipes or 
other property belonging to other corporations, companies or 
persons, or sewers or sewer connections. All conduits shall be 
provided with ducts at least fifty per cent. in excess of those re- 
quired to carry the wires in use along the route of the proposed 
conduits at the time of making application for a permit to con- 
struct same. Nothing contained herein shall preclude the city 
from prosecuting or authorizing any public work of any char- 
acter, but in the prosecution of any public work of any char- 
acter hereafter the Board of Public Works shall have the power, | 
if it deem the same necessary, to require the temporary removal 
of any wire, pipe, conduit or appliance authorized by this ordi- 
nance to be laid, and the same shall be removed or necessary 
changes made therein by the owner thereof so as to conform to 


UNDERGROUND WIRES. 575 


any reasonable requirement of said Board, and in case of failure 
on the part of any person or corporation to comply with any 
such order or requirement, then the said board nay make such 
removal or change, and the necessary cost thereof shall be paid 
by said person or corporation to the City Treasurer upon proper 
demand being made therefor. 

§ 8. The Board of Public Works shall grant permission to 
‘any person or corporation to connect drainage system from 
eonduits and manholes to the city sewer system when 1t is con- 
sidered desirable and practicable. If not practicable, the Board 
of Public Works may, if it thinks that it is advisable, allow 
such persons or corporation owning conduits to construct and 
maintain necessary drains to run under the street to some point 
where drainage can be obtained . 

§ 9. All the expense connected with the removal of poles, 
wires and other appurtenances and the making good of dam- 
ages to any person or property in so doing shall be borne by 
the parties obtaining permits under this ordinance, respectively. 
When poles are removed from public streets, thoroughfares or 
alleys, all holes shall be filled up and the sidewalks and pave- 
ments placed in good condition similar to the surrounding 
sidewalk or pavement in a manner satisfactory to the Board of 
Public Work 

§ 10. All persons and corporations owning conduits shall 
obtain from the Board of Public Works permits for each indi- 
vidual connection with the main conduit system along said 
route of said system. Written permission shall first be obtained 
from the owner of the property to make such excavation as 
necessary to do the work on his premises, and a copy of this 
permit shall be presented to the Board of Public Works for their 
approval, and, after approval, they shall issue permit to open 
street and do necessary work ‘therein for said lateral conduits. 
Such part of any lateral or individual connection as shall be 
constructed in any street, alley or other public place shall be 
constructed at the sole expense ‘of the party or corporation own- 
ing the main conduit. 

§ 11. The Board of Public Works is hereby authorized and 
directed to grant permits to construct, alter and repair conduits, 
ducts, manholes and other appurtenances under the surface of 
any street, alley or public place within the city, and to string 
wires, tubes and cables therein, under the terms and in accord- 
ance with the provisions of this ordinance, to any person or 
corporation having the lawful authority, ‘and to the extent 
which he or it may have to use the streets, alleys or public ways 
of the city for furnishing or using electricity for public use, in- 
cluding telegraph or telephone service, on compliance by such 
person or corporation with the terms and conditions of this or- 


- 576 UNDERGROUND WIRES. 


dinance; provided such person or corporation has theretofore 
acquired, or hereafter may acquire, the right to use such streets, 
alleys or public places for such purposes, “and further provided 
that such person or corporation shall file with the City Treasurer 
a penal bond in the sum of fifteen thousand ($15, 000.00) dol- 
lars, with good and sufficient surety or sureties, approved by 
the Board of Public Works, conditioned that such conduits, 
ducts, manholes and other appurtenances shall be constructed in 
strict accordance with the plans and specifications approved by 
the Board of Publhe Works, and that the city shall be held 
harmless from all suits for damages which may arise from the 
construction of said conduits, ducts, manholes and other appur- 
tenances; and conditioned further, that such person or corpora- 
tion shall faithfully comply with all the terms of this ordinance 
concerning conduits, ducts and other appurtenances and under- 
eround wires. Such bond shall be renewed from time to time 
whenever the Board of Public Works may so order, as the condi- 
tion for the continued use of the conduit privileges obtained 
under this ordinance, and any refusal to renew a bond when so 
ordered shall forfeit all the rights hereunder. 

§ 12. That whenever the plans as approved by the Board of 
Public Works require two or more applicants for conduits to 
use a common trench or space for conduits in any portion of 
any street, alley or other place, then all such applicants shall 
carry on work of construction at such points as nearly at the 
same time as may be directed by said board so as to disturb. 
the street, alley or other public place at such point to the least 
degree possible; and any applicant refusing or failing, without 
an excuse satisfactory to the Board of Public Works, to carry on 
his or its work of construction at such point at the time and in 
the manner directed by said board shall be deemed to have 
waived any right to such trench or space or conduit embraced 
in his or its application. 

§ 18. That whenever the plans, as approved by the Board 
of Public Works, require construction by two or more appli- 
cants for conduits on the same street, alley or publie place, then 
the Board of Public Works shall direct the manner of construct- 
ing conduits as relative to time when the various parties or cor- 
porations shall proceed with the work, and if conduits of sepa- 
rate parties or corporations be adjacent to each other, then one 
conduit shall be first completed and proper time allowed for 
thorough setting of concrete around its ducts before trench is 
dug for adjacent conduit of other party or corporation. 

S 14. That any permit granted under this ordinance shall 
become void unless the work therein authorized is begun within 
one hundred and twenty (120) days after such permit is is- 


UNDERGROUND WIRES. ATT 


sued, and proceeded with continuously and in good faith to 
com»letion within a reasonable time thereafter. 

§ 15. That wires of low tension and wires of high tension. 
shall occupy conduits on opposite sides of all streets and alleys 
whenever practicable, and all electric light and power wires shall 
be deemed of high tension and all other wires shall be deemed: 
of low tension. 

§ 16. That every person or corporation making application 
to place its wires under ground, as provided in this ordinance,. 
shall give to the city of Louisville the right to use such poles as 
may be erected for local distribution or street lights in any 
part of District A, whenever the city shall require the same, for 
the use of the Fire Alarm, Police or Telephone systems of the 
city, or other city uses, to the extent such use is necessary for 
such purposes, but such use shall not exclude control and use of 
said poles by said company for its own purposes. 

§ 17. Plans showing all details of conduit construction and. 
the disposition of all electrical conductors and apparatus within. 
or connected with the conduits shall be filed with the Board of 
Pubhe Works promptly on the execution of any work, so that a 
complete record of all conduits with their appurtenances and. 
underground connections, together with the electrical conduc- 
tors and apparatus installed in connection therewith, shall at 
all times be on file with the said Board of Public Works. 

§ 18. That it shall be the duty of the police force of the city 
of Louisville to assist in the enforcement of this ordinance, and 
to arrest and prosecute any person violating any of the pro- 
visions of this ordinance, or interfering with any wire, cable or 
conduit, or disturbing any cover or lid or manhole or service box 
for electric wires of any kind, without the proper badge of au- 
thority as provided herein. 

§ 19. That any person or corporation who shall interfere 
with a wire, cable or conduit or remove the cover or lid of any 
manhole or service-box for electric or other wires, without hav- 
ing a numbered badge of authority or having actual authority, 
shall be deemed guilty of a misdemeanor and punished as here- 
inafter provided. 

§ 20. That all persons or corporations having underground 
conduits shall register with the Board of Public Works the em- 
ployes whom they wish to be recognized as authorized to open 
manholes and service-boxes for the purpose of making repairs 
or inspection, and the registration shall be kept by the Board of 
Pubhe Works, which shall, in its discretion, issue numbered 
badges of authority upon the written request and at the expense 
of the company employing the person so registered, subject to 
such rules and regulations as said board may preseribe. The 
said badge shall be authority for six (6) months, or until the 


578 UNDERGROUND WIRES. 





name of such person is withdrawn from said registration Dy 
the corporation or person having registered it, unless sooner re- 
voked by said board. 

§S 21. That it shall be the duty of every person and corpora- 
tion to take necessary percautions and see that every open man- 
hole or service-box opened by his or its authority is guarded and 
a red flag signal is displayed by day and a red light signal dis- 
played by night at such opening until the cover is properly re- 
stored. Any person or corporation or employe thereof who shall 
fail to observe all or any of the requirements of this section shall 
be deemed guilty of a misdemeanor, and, upon conviction there- 
of, be subject to a fine as hereinafter provided. 

§ 22. That the Board of Public Works is hereby authorized 
{o issue permits to persons or corporations applying therefor, 
allowing such applicant to erect and maintain above ground in 
District “A. subject to the rules, regulations and supervision of 
said board, meh temporary poles, wires, or other appurtenances 
for telegraph, telephone or electric light or power uses as may 
appear to said board to be necessary on special occasions; pro- 
vided, however, that each applicant for a permit under this sec- 
tion shall execute bond satisfactory to the Board of Puble 
Works that all poles, wires and other appurtenances erected un- 
der such permit will be erected and maintained strictly under 
the direcfions of said board and removed by said applicant with- 
in ten days from the expiration of said permit; and further 
provided that said Board of Public Works shall not have author- 
ity to issue any permit for a term of more than thirty (30) 
days, nor to renew any permit for the purpose of extending such 
term. Any person or. corporation receiving such permit who 
shall violate any rule or regulation of said board shall be deemed 
guilty of a misdemeanor, and, upon conviction thereof, be sub- 
ject to a fine as hereinafter provided. 

§ 23. That after the passage of this ordinance the Board of 
Public Works shall not issue to any authorized applicant per- 
mission to occupy any special space, or begin work in connection 
with their application in any part of District A within five (5) 
months from date of the passage of this ordinance, which will 
allow all authorized applicants time to submit their plans and 
the board opportunity to consider the total demand for space 
from all authorized applicants. 

§ 24. That any person or corporation who shall violate any 
provision of this ordinance shall be deemed guilty of a misde- 
meanor, and, upon conviction thereof, shall be fined not less 
than ten dollars ($10.00) nor more than one hundred dollars 
($100.00) for each offense, and each day said violation con- 
dinues shall constitute a separate offense. 

§ 20. That the city of Louisville reserves to itself all rights 


UNION LABEL. D7 





——— 


and powers which are now or may hereafter be vested in its 
General Council, Board of Public Works or other officers con- 
eerning the control and the regulation of the use of its streets, 
avenues, alleys, highways and other publie places to prevent en- 
cumbering the same, to regulate and protect all future uses of 
same, and does reserve to the fullest extent the right and power 
to exercise any and all of its police powers at any time, and 
rothing contained herein shall be construed to in any wise 
abridge, prevent or waive any of such powers, nor shall any ex- 
ception herein be construed to prevent or abridge further regu- 
lation and control. 

§ 26. That it is expressly ordained and provided that no 
person, firm or corporation shall, by reason of compliance with 
this ordinance, acquire any rights or privileges other or further 
tban herein specifically expr essed, and nothing herein contained 
shall be construed as extending or changing the terms, length 
of time, or any of the conditions of any contract or agreement 
now existing between the city of Louisville and any person, firm 
or corporation. 

§ 27. That all ordinances, or parts of ordinances, in conflict 
herewith shall be, and they are hereby repealed. 

§ 28. That this ordinance shall take effect from its passage. 

Approved June 18, i206. 


UNION LABEL. 
Prescribing Use of, on All Public Printing. 


AN ORDINANCE prescribing the use of the union label in cer- 
tain city work, and providing for an enforcement of the 


same. 
Be it ordained by the General Council of the city of Lowsville > 


§ 1. All printing, advertising, book-binding, book-making, 
and other work of like character used or ordered by the city of 
Louisville, or for which the city of Louisville, by reason of its 
fiscal connection with the county of Jefferson, is obliged to pay 
a large per cent. of the cost, shall bear the imprint of the recog- 
nized union label of the Allied Printing Trades’ Council of 
Louisville, Ky., as registered with the Secretary of State. 

§ 2. The City Buyer, or any city official, ‘when advertising. 
for printed matter, shall insert a notice in the advertisemen 
that all bids shall be submitted in accordance with this ordi- 
nance, 


580 | VIHICLES. 


§ 3. No claim presented to the General Council of the city 
of Louisville, in contravention with the provisions of this ordi- 
nance, shall be binding upon said city, unless the same be by 
ordinance setting forth clearly that the same is directly contra- 
dictory herewith. 

§ 4. All ordinances or parts of ordinances in conflict here- 
‘with are hereby repealed. 

§ 5. This ordinance shall take effect from its passage and 
publication. 

Approved January 24, 1898. 


UNCONSTITUTIONAL—Judge Miller has decided this ordinance 
“invalid in the case of Davidson vs. City of Louisville, No. 37395, 
Jefferson Circuit Court. 


VEHICLES—LOADS OF. 


AN ORDINANCE regulating the loads on vehicles which may 
be used in hauling merchandise or other articles in the 
limits of the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That hereafter the weight of a load of merchandise, or 
other articles hauled over any of the streets or alleys of the city 
‘by any four-wheeled vehicle, shall not exceed in amount as fol- 
lows, viz: Eleven thousand pounds for a tire of four inches; for 
a tire of three and a half inches, ten thousand pounds; for a tire 
of three inches, nine thousand pounds; for a tire of two and 
three-quarter inches, eight thousand pounds; for a tire of two 
and a half inches, seven thousand pounds; for a tire of two and 
a quarter inches, five thousand pounds; for a tire of two inches, 
four thousand five hundred pounds; for a tire of one and three- 
quarter inches, three thousand five hundred pounds; for a tire 
-of one and one-half inches, two thousand five hundred pounds. 

§ 2. The weight of a load of merchandise, or other articles 
hauled over the streets or alleys of the city of any cart, dray, or 
other two-wheeled vehicle, shall not exceed in amount as follows, 
viz.: For a tire of four inches, five thousand pounds; for a tire 
of three and a half inches, four thousand five hundred pounds; 
for a tire of three inches, four thousand pounds; for a tire of 
two and three-quarter inches, thirty-five hundred pounds; for a 
tire two and a half inches, three thousand pounds; for a tire 
-of two and a quarter inches, two thousand five hundred pounds; 
for a tire of two inches, two thousand pounds; for a tire of one 


VEHICLES. 581 


and three-quarters inches, fifteen hundred pounds; for a tire of 
one and a half inches, one thousand pounds. 

§ 3. Vehicles, whether four-wheeled or two-wheeled, en- 
gaged in hauling boilers, engines, cylinders, shafting, or stone, 
when in a single piece, may haul such articles in excess of the 
weight allowed above, provided the tires of such vehicles are not 
less than four inches in width. 

§ 4. Every vehicle licensed to haul merchandise, or other 
articles, within the city limits, shall have its number, name of 
owner, and maximum weight of load, as authorized by this or- 
dinance, painted on a piece of tin not less than nine by three 
sei in size, and fastened in a conspicuous place on said ve- 

icle. 

§ 5. Policemen are granted the authority to weigh any 
load they may deem necessary. 

.§ 6. It shall be the duty of the license inspector to ascertain 
correctly the actual width of the tire of each dray, cart, wagon, 
or other vehicle which shall hereafter be licensed to haul mer- 
chandise or other articles within the city limits, and to furnish 
the chief of police with the number, name of owner, width of 
tire, and kind of each such vehicle. 

§ 7. For a violation of any of the provisions of this ordi- 
mance the owner or driver of the vehicle shall, for each offense, 
be fined not less than two dollars nor more than fifteen dollars. 

§ 8. Four-wheeled vehidles, constructed with a straight 
coupling, and without a fifth or pivot wheel, or a cut under, 
may haul one thousand pounds in excess of the above pro- 
visions. 

§ 9. Ordinance No. 498 and all ordinances in conflict here- 
‘with are hereby repealed. 

§ 10. This ordinance shall take effect from its passage. 

Approved September 16, 1895. 


oi VEHICLES—PUBLIC. 


AN ORDINANCE concerning coaches, cabs, carriages, coupes, 
or hacks, prescribing the duties, conduct, etc., of owners 
and drivers thereof, enforcing observance of said duties, 
and fixing the charges for transporting passengers and their 
baggage. 

Be it ordained by the General Council of the city of Louisville: 


§ 1. That coaches, cabs, carriages coupes, or hacks, used 


BRD VEHICLES. 


—_ 








for the conveyance of persons within the city of Louisville for 
hire or compensation, shall be deemed hackney ¢arriages or 
hacks, and so called. 

§ 2. It shall be the duty of the secretary and treasurer of 
the Sinking Fund to furnish any applicant whom he may deem 
entitled to same with a printed copy in substance of Sections 3, 
4, 5, 9, 10, 11 and 12 of this ordinance; also, if the owner of 
a licensed hack, with a copy of the license, and attached thereto 
a printed statement of the rate charges for transporting passen- 
gers and their baggage allowed by this ordinance. 

§ 3. Every hack, when driven or used, shail have fixed 
upon some conspicuous part of the outside thereof two lamps, 
with plain glass front and sides, with the number of the hack 
painted on each of said glass fronts and sides with black paint, 
in legible figures at least two inches in length, and with no 
other figure or device, so that the same may be distinctly seen 
and known when the hack may be standing or driven; the said 
lamps to be lighted and kept lighted at night, and the owner 
or driver of every hack which shall be driven or used without 
complying with the foregoing provisions shall each or either 
be fined severally and respectively $10 for each and every of- 
fense. 

§ 4. He shall place and keep in a conspicuous position, in 
the interior of such hack, a legibly printed card containing in 
substance, the provisions of Sections 8, 4, 5, 9, 10, 11 and 12 of 
this ordinance, the name and residence of the owner, a printed 
and legible copy of the rates and charges authorized by this or- 
dinance, and attached thereto a copy of his hack license, in a 
legible condition, so that the name and residence of the owner, 
the copy of his license and copy of the rates of charges, and the 
printed substance of the aforesaid sections of this ordinance, 
may be conveniently seen and read in the day time by any per- 
son capable of reading who may be a passenger in such hack. 
And no person so obtaining hack license shall permit any other 
person to drive said hack than a hack driver, at the time regu- 
larly licensed as such, as provided by Section 8 of this ordi- 
nance, under penalty of a fine of from one dollar to five dollars 
for each day or night, or part of a day or night he shall so per- 
mit. But the person to whom a hack license is granted may 
himself drive that hack without obtaining a hack driver’s h- 
cense himself. 

§ 5. Every owner or driver of a licensed hack, whenever 
he shall drive such vehicle, or be with it waiting for employ- 
ment at any place in the city, shall wear exposed on the left 
lapel of his coat a white metal badge, as near as may be of 
the dimensions of a silver half dollar, with the words, “Li- 
censed hack,” and the number of the hack placed thereon in 


VEHICLES. 589 


plain black letters and numerals sufficiently large to be easily 
distinguished ; said badges shall be prepared and furnished by 
the Commissioners of the Sinking Fund. 

No owner of a hack shall permit his driver to drive or be 
with any vehicle, waiting for employment, without wearing 
the badge as prescribed herein. 

No person except the licensed owner, or driver employed 
by him, shall wear the badge of such owner, or any badge pur- 
porting to be or in imitation of same: Provided, that such badge 
need not be worn in the cases of livery corporations and other 
carriage associations when their driver is clothed in a full uni- 
form or livery; the same in the case of each carriage company 
Hs approved by and registered with the Board of Public 

atety. 

For any violation of any provision of this section the of- 
fender shall be fined not less than five dollars nor more than 
ten dollars for each offense. 

§ Every owner or driver of a licensed hack, who shall re- 
fuse or neglect to convey any person, with or without baggage, 
to any place in the city limits, when applied to for that purpose, 
or who shall ask, demand, take, or extort any higher or greater 
price, rate or charge than is herein established, or who shall 
neglect to place and keep the legibly printed card containing 
the name and residence of the owner, the copy of his license 
and rates of charge inside of the hack, as prescribed in Section 
3, or who shall refuse or omit, when requested, truly to inform 
any person as-to whether the hack is or is not engaged, or of the 
true number of the hack, the name and place of abode of the 
owner, or the correct amount of the rate of fare authorized to 
be charged for the use of it by this ordinance, or who shall will- 
fully mislead or misconvey any person, or willfully neglect or 
refuse to convey any person by the most direct route to his or 
her place of destination in the city, or insult by abusive, inde- 
cent, or opprobious language, any person or passenger w hom he 
shall have or shall have had in his care, or who may apply to 
him for conveyance in the hack of which he is owner or driv er, 
shall, for every such offense, be fined from two to twenty dollars, 
to bo removed from the owner or driver severally and respec- 
tively. 

§ 7. Any hack driver, while waiting for employment on 
any stand or elsewhere, who shall snap or flourish his whip, or 
who shall unnecessarily leave such vehicle, or who shall use in- 
decent or profane language, or be guilty of boisterous talking 
or hallooing or other disorderly conduct, or vex or annoy any 
travelers, citizens, or passersby, or in any manner obstruct any 
erossing or sidewalks, shall be fined from two to ten dollars for 
each offense. 


584 VEHICLES. 


§ 8. No person, except as provided in Section 3, shall drive 
any licensed hack without being thereto at the time duly li- 
censed hack without being thereto at the time duly licensed to 
drive, as hereinafter provided, under penalty of a fine of from 
one to five dollars for each offense. Any applicant considered 
suitable by the secretary and treasurer of the Sinking Fund to 
be licensed as a hack driver may obtain such license without 
cost; and it shall be the duty of the secretary and treasurer of 
the Sinking Fund to issue such applicant a license to drive, 
stating the name, age, and residence of the person to whom the 
license is granted, the date of the license, and the time for which 
it is granted, which shall be for one year from the date thereof, 
and no longer, and upon the issuing of the license it shall be the 
duty of the secretary and treasurer of the Sinking Fund to 
cause the same to be registered. 

§ 9. No owner or driver shall demand or receive any pay 
for the conveyance of any passenger, or baggage, unless the 
ligibly printed copy, in substance, of Sections 3, 4, 5, 9, 10, 11 
and 12 of this ordinance, the name and residence of the owner, 
the copy of the hack license, and attached thereto the rates and 
prices of fare, as allowed by this ordinance, shall be fixed in the 
hack in the manner and as directed by the third section of this 
ordinance, at the time such passenger may be conveyed in such 
hack, nor if the owner or driver shall have demanded any 
greater price or rate of pay than he may be legally authorized 
to demand and receive. 


§ 10. No owner or driver of any licensed hack, while on 
any of the stands now established, or which may be hereafter 
established, or at any steamboat or other landing, or while 
waiting for employment at any other place in the city than 
the stable or residence of the owner or driver thereof, shall re- 
fuse or neglect to convey any person or persons to any place or 
places in the city, on being applied to for that purpose; and, on 
the person or persons being placed in such hack, the driver shal! 
at once proceed to convey such passenger or passengers to such 
place or places within the city limits as he, she or they may de- 
sire or request; nor shall the owner or driver place or permit 
any other person or persons in such hack without first request- 
ing and obtaining the express consent of the person or persons 
therein, or of the person or persons who first engaged to call 
upon him, under a penalty of a fine of ten dollars for each and 
every refusal, neglect or offense, besides a forfeiture of all 
right to demand or receive any pay from any of the passengers. 

§S 11. The following rates and prices of fare for the use ef 
hacks are hereby established: For transportation of passengers 
any distance in the city, not exceeding fourteen squares, not 
more than fifty cents; any distance in the city exceeding four- 


VEHICLES. 585 


teen squares, but not exceeding twenty squares, for one pas- 
senger, not more than seventy-five cents, and not more than 
fifty cents for each additional passenger; any distance in the city 
exceeding twenty squares, for one passenger, not more than one 
dollar, and not more than seventy-five cents for each additional 
passenger. In any of the foregoing cases, if the hack should not 
have been employed by the hour, yet should be used or detained 
for an hour or more, the charge therefor may, at the option of 
the driver, be made as though the hack had been employed or 
engaged by the hour. When engaged by the hour, for one or 
more passengers, the charge for the load shall be, for the first 
hour, one dollar and fifty cents, and at the rate of one dollar 
per hour for each succeeding hour; and when engaged by the 
hour the charge for an hour shall be collectable, though the 
hack may not have been used the full hour. When engaged 
by the day the charge shall be eight dollars per day. Ten 
hours shall be considered a day, but the driver shall not, unless. 
first agreeing thereto, be compelled to drive after dark to make 
up the ten hours. And if the hack should be used or detained 
longer than the ten hours, the additional hours, unless other- 
wise agreed to, shall be charged for as though the hack had 
been employed by the hour. Jor services during the night the 
_ charge shall be the same as in the day. For attending funerals 
not more than three dollars, but no owner or Griver shall be 
compelled, unless he shall contract to do so, to attend with his 
hack at a funeral. In the foregoing charges is included the 
charge for transportation of baggage for each passenger, not ex- 
ceeding fifty pounds in weight, and any excess is to be paid for 
at the rate of twenty-five cents per one hundred pounds. 

§ 12. No driver shall be compelled to take more grown pas- 
_ sengers than four. No charge shall be made for children five 
years of age and under, who are in care of passengers who are 
chargeable. Children beyond five years and not exceeding 
twelve years shall be chargeable only half fare. 


§ 13. Any owner or driver having engaged to perform 
services with his hack, who shall, without just cause, fail or 
refuse to comply with the engagement, shall be lable to a fine 
of from two dollars to twenty dollars for each offense, besides - 
being liable to the party complaining in a civil action. 

14. For a violation or non-observance of any of the pro- 
visions of this ordinance, the owner and driver of the hack 
‘shall each or either be jointly and severally liable to a fine of 
not less than two dollars nor more than twenty dollars for each 
offense, unless when the penalty or fine is herein otherwise 
specially designated, and then he or they shall be so liable to 
such penalty or fine. 


586 VEHICLES. 





§ 15. The fines and penalties imposed by this ordinance 
shall be recoverable for the use and benefit of the city of Louis- 
ville, before the judge of the City Court by a warrant in the 
name of the city. It shall be the duty of the officer making ar- 
rest for any of the causes permitted in this section to take such 
steps as may be necessary to have a proper care taken of the 
back and horses, at the expense of the owner, while the hack- 
man may be in custody. 

§ 16. Any driver or owner of a licensed hack, who shall be 
thrice convicted of a breach of the provisions of this ordinance, 
shall be deprived of his license, and forever debarred from a 
license under this ordinance unless by consent of the General 
Council. 

§ 17. It shall be the duty of all owners of hacks now li- 
censed to comply with the provisions and requirements of this 
ordinance within ten days after its publication ,and on failure 
to do so the license of such one so failing shall be and is hereby 
declared forfeited and revoked from and after that date. 

§ 18. All ordinances and parts of ordinances, in so far as 
they are in conflict or inconsistent herewith, are hereby repealed. 

§ 19. This ordinance shall take effect from and after its 
passage. 

Approved June 26, 1894. 


VEHICLES IN PARADES. 


AN ORDINANCE regulating the position of vehicles during a 
public parade. 


Be vt ordained by the) General Council of the city of Louisville: 


§ 1. That hereafter it shall be unlawful for any person to 
drive or cause to be driven, or cause to stand, any wagon, dray, 
buggy, carriage, or other vehicle, excepting such vehicles as are 
now given the right of way by law, on any street along which a 
parade may be passing, or about to pass or to be on the streets of 
the line of march after the passage of such parade nearer than 
one square from such parade. 

§ 2. It shall be the duty of the police to cause all vehicles, 
excepting such vehicles as are now given the right of way by 
law, to be removed from the streets upon the approach of any 
parade, and not permit such vehicles to return to the streets of 


ne ane of march of a parade until the parade has passed one 
ock. 


VEHICLES. 587 


§ 3. It shall be unlawful for any person, or persons, to cause 
any vehicle to be driven in advance of any parade, or to follow 
any parade nearer than one block with any advertising sign or 
device, without first procuring the written permission from the 
promoter or promoters of such parade, which permit must be 
shown to any police officer when so requested. 

§ 4. Any person violating the provisions of this ordinance, 
or refusing to move when so ordered by any member of the 
police force, shall be fined not less than ten nor more than 
twenty-five dollars for each offense. 

§ 5. All ordinances or parts of ordinances in conflict here- 
with are hereby repealed. 

§ 6. This ordinance to take effect from and after its passage 
and publication. 

Approved June 28, 1898. 


VEHICLES, DRIVING. 


AN ORDINANCE concerning the management of vehicles in 
the public streets. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. If any driver of a vehicle shall be more than ten feet 
from the horses, or other animals harnessed in the vehicle then 
under his charge, or shall crack a whip or make other noise 
calculated to frighten such animals in harness, or shall stand 
with other drivers in numbers, so as to obstruct free passage 
on sidewalk or street, or shall stand his vehicle near a tavern or 
railroad depot, so as to prevent free access thereto by other 
person or vehicle, or shall so drive as to endanger life or limb of 
any person, he shall be fined $10. 

§ 2. All drivers of teams and vehicles in the city of Louis- 
ville, who shall be found out of reach of the reins attached to 
said teams or vehicles, when in motion, shall be fined not less 
than $10 nor more than $20, and the fines collected be placed 
to the credit of the public school fund. 

Approved October 26, 1853. 


\ 


588 VEHICLES. 


VEHICLES, SPEED OF. 


AN ORDINANCE regulating the speed of vehicles of the 
Louisville Electric Light Company and Louisville Railway 
Company in fire alarms, fires, and accidents. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That in order to better protect the life and property 
of the citizens of Louisville in case of fire alarms, fires, or acci- 
dents in said city, the Louisville Electric Light Company and 
the Louisville Railway Company are hereby authorized and 
empowered to use and run the vehicles used by them on such 
occasions at such rates of speed, over and along the streets of 
Louisville, that will permit them to reach the place of such 
fire alarms, fires, or accidents at the earliest possible time. 

§ 2. That vehicles so used shall have the name of said 
companies in plain letters thereon, and shall be supplied with a 
suitable gong, to be sounded continuously during their pro- 
eress; and such persons connected with such vehicles shall have 
a white metal badge, showing his connection therewith. 

§ 3. This ordinance shall take effect from its publication. 

Approved February 8, 1897. 


VEHICLES, WATER COMPANY. 


AN ORDINANCE relating to the speed of vehicles of the 
Louisville Water Company in fire alarms, fires, leaks and 
accidents. 


Be it ordained by the General Council of the city of Lowisville: 


§ 1.That in order to better protect the life and property 
of the citizens of Louisville in case of fire alarms, fires, leaks or 
accidents in said city, the Louisville Water Company is hereby 
authorized and empowered to use and run the vehicles used by 
them on such occasions at such rates of speed over and along 
the streets of Louisville that will permit them to reach the place 
of such fire alarms, fires, leaks or accidents at the earliest possi- 
ble time. , | 

§ 2. That the vehicles so used shall have the name of said 
company in plain letters thereon and shall be supplied with a 
suitable gong, to be sounded continuously during their progress, 


VEHICLES. 539 


and such persons connected with such vehicles shall have a 
white metal badge showing his connection therewith. 
Approved January 51, 1906. 


VEHICLES, SPEED OF. 


AN ORDINANCE regulating the speed of vehicles of the 
Louisville Fire and Accident Dispatch in case of fire 
alarms, fires, accidents, burglar alarms, physicians’ and 
nurse calls. 


Be it ordained by the General Council of the city of Lowsville: 


§ 1. That in order to better protect the lives and property 
of the citizens of Louisville in the case of fire alarms, fires, acci- 
dents, burglar alarms and physicians’ and nurse calls in said 
city, the Louisville Fire and Accident Dispatch is hereby au- 
thorized and empowered to use and run the vehicles used by 
them on such occasions at such rates of speed over and along 
the streets of the city of Louisville that will permit them to 
reach the place of such fire alarms, fires accidents, burglar 
alarms and physicians’ and nurse calls at the earliest possible 
time. 

§ 2. That the vehicles so used shall have the name of said 
company in plain writing thereon and shall be supplied with a 
suitable gong to be sounded continuously during their progress; 
and such persons connected with such vehicles shall have a 
white metal badge showing his connection therwith. 

§ 3. This ordinance shall take effect from its publication. 

Approved December. 10, 1908. 


590 WARD BOUNDARIES.. 





WARD BOUNDARIES. 


~ AN ORDINANCE laying off the city of Louisville into twelve 
wards as nearly equal as practicable in population, and 
defining the boundaries therof 


eae 
Be it ordained by the General Council of the city of Louisville: 


§ 1. That the city of Louisville be and the same is hereby 
laid off into twelve wards as nearly equal as practicable in 
population, as follows, to-wit: 

Se ae a nef WARD—Beeinning at a point where the 
center line of Hancock street, if extended, would intersect the 
northern houndary line of the eity ; thence southwardly with 
center line of Hancock street to the center line of Water street’; 
thence eastwardly with the center line of Water street to the 
center line of Wenzel street; thence southwardly with the 
center line of Wenzel street to the intersection of the center 
line of Broadway and the center line of Wenzel street extended ; 
thence eastwardly with the center line of Broadway to the 
center line of Barrett avenue; thence southeastwardly with the 
center line of Barrett avenue to the old city limits between 
Hepburn and Winter avenues; thence southwestwardly with 
the old city linits to the Kentucky street crossing of Beargrass 
Creek; thence following the old city lmits in the bed of Bear- 
grass Creek southwardly about one thousand feet; thence south- 
westwardly with the old city limits and following the bed of 
Beargrass Creek in its meanderings around by Fisher avenue 
to a point about nine hundred feet north of the southwest 
corner of St. Michael’s Cemetery; thence southwardly with old 
city limits touching the southwest corner of St. Michael’s 
Cemetery to a point in the present city limits about five 
hundred feet southwest of Goss avenue, or Poplar Level Road; 
thence eastwardly and following the present city limits in its 
meanderings to the point of beginning. 

§ 3. SECOND WARD—Bounded on the north by the 
center line of Water street; on the east by the west line of the 
First Ward: on the south by the old city limits, running from 
a point in present city limits about five hundred feet southwest 
fo Goss avenue or Poplar Level Road just south of the inter- 
section of Texas and Mulberry streets, Lydia and Hickory 
street, Hoertz and Milton streets, and Just north of and parallel 
to Hill street extended, to a point in the center line of Shelby 
street ; on the west by the center line of Shelby street. 

§ 4, THIRD W ARD—Beginning at the intersections of 
the center lines of Water and Shelby streets; thence south- 


WARD BOUNDARIES.. 5OL 


wardly along the center line of Shelby street to the old city 
limits just north of Hill street extended, and just south of 
Stonewall street; thence eastwardly along the old city limits 
running a little south of the intersections of Milton and 
Hoertz streets, Lydia and Hickory streets, and Texas and Mul- 
berry streets, and just north of and parallel to Hill street ex- 
tended, to a point in present city limits about five hundred 
feet southwest of Goss avenue, or Poplar Level Road; thence 
southwardly with the present city limits to the center line of 
Shelby street; thence northwardly along the center line of 
Shelby street to the center line of Bland street; thence north- 
westwardly along the center line of Bland street, and Bland 
street extended, to the intersection of Hancock street and the 
old city limits; thence northwardly along the center line of 
Hancock street to the center line of Water street; thence east- 
wardly along the center line of Water street to the point of 
beginning. 

§ 5, FOURTH WARD—Beginning at a point in the 
northern boundary line of the city where the same would be 
intersected by the center line of Hancock street extended; 
thence southwardly with the center line of Hancock street to 
the old city limits lying just north of Hill stree; thence with 
the old city limits running just north of and parallel to Hill 
street, and Hill street extended, to the center line of Preston 
street ; thence northwardly with the center line of Preston street 
to the northern boundary line of the city; thence with the 
northern boundary line of the city to the point of beginning. 

Sao. LIL WARD—Peginning at a point in the north- 
ern boundary line of the city where the same would be inter- 
sected by the center line of Preston street extended; thence 
southwardly with the center line of Preston street to the old 
city limits lying just north of Hill street, and Hill street ex- 
tended; thence eastwardly with the old city liumts lying just 
north of and parallel to Hill street, and Hill street extended, to 
Hancock street and Bland street extended; thence southeast- 
wardly with Bland street extended and Bland street to the cen- 
ter line of Shelby street ; thence southwardly with the center line 
of Shelby street to the present city limits; thence westwardly 
with the present city limits to the center line of Flat Lick 
road; thence westwardly to a point in the old city limits, being 
the most eastern point in the grounds of the School of Reform, 
and the center line of Shipp street, and Shipp street extended; 
thence northwestwardly along Shipp street, with the old city 
limits, to a point midway between First and Second streets, 
thence northwardly with the old city limits through the rounds 
of Masonic Home to a point two hundred feet west of First 
street and two hundred feet north of A street; thence east- 


592 WARD BOUNDARIES.. 





wardly with the old city limits two hundred feet to the center 
line of First street; thence northwardly with the center line of 
First street, and First street extended, to the northern boundary 
line of the city; thence eastwardly with the northern boundary 
line of the city to the point of beginning. 

§ 7. SIXTH WARD—Beginning at a point in the north- 
ern boundary line of the city where,the same would be inter- 
sected by the center line of First street extended; thence south- 
wardly with the center line of First street to the old limits; 
thence westwardly with the old city lmrts two hundred feet 
to a point two hundred feet north of A street; hence south- 
wardly with the old city limits to a point in the center line of 
Shipp street, midway between First and Second streets; thence 
southeastwardly along the old city limits and Shipp street, to 
a point being the most eastern point in the grounds oftheSchool 
of Reform; thence eastwardly along the south boundary of the 
Fifth Ward to a point in Flat Lick road and present city 
limits; thence southwestwardly with the present city limits 
to a point where the same is intersected by the Louisville & 
Nashvilie Railroad; thence northwestwardly along the line of 
said road to the centre line of Third street; thence northwardly 
with the center line of Third street to a point in the northern 
boundary line of the city where the same would be intersected 
by the center line of Third street extended; thence eastwardly 
along the northern boundary line of the city to the point of 
beginning. 

§ 8. SEVENTH WARD—Beginning at a point in the 
northern boundary line in the city where the same would be 
intersected by the center line of Third street extended; thence 
southwardly along the center line of Third street to where the 
same is intersected by the main stem of the Louisville & Nash- 
ville Railroad; thence southeastwardly along the line of said 
road to the present city limits; thence southwardly with the city 
limits to where the same is intersected by the National Turn- 
pike road; thence northwardly with the National Turnpike 
road and the city limits to the center line of Fourth street; 
thence northwardly with the center line of Fourth street and 
the city limits to the south line of P street; thence westwardly 
with the city limits to Seventh street; thence northwardly 
along the center line of Seventh street and the city limits 
to the northern line of L street; thence northeastwardly to a 
point midway between L street and K street extended and 
Fifth and Sixth streets, being the most southern point in the 
old city limits; thence northwestwardly with the line of the old 
city limits to a point about one hundred feet from the inter- 
sections of Fourth and Brandeis streets; thence with the old 
city limits northwestwardly to a point where the same would 


WARD BOUNDARIES.. 592 


be intersected by Fifth street extended between Avery and 
Bloom streets; thence northwardly through the center line of 
St. James Court, continuing in a straight line through Central 
Park, and the center line of Garvin Place, to the center line of 
St. Catherine street; thence eastwardly along the center line of 
St. Catherine street to the center line of Fifth street; thence 
northwardly along the center line of Fifth street to the northern 
boundary ee of the city; thence eastwardly along said bound 
ary line to the point of beginning. 

§ 9. EIGHTH WARD—Beginning at a point in the north- 
ern boundary line of the city where the same would be inter- 
sected by the center line of Fifth street extended; thence south- 
wardly along the center line of Fifth street to the center line 
of St. Catherine street; thence westwardly to the center line of 
Garvin Place; thence southwardly along the center line of 
Garvin Place. continuing in a straight line through Central 
Park, and along the center line of St. James Court, and con- 
tinuing in a straight line until the same would be inter- 
sected by the line of the old city lmits between Bloom and 
Avery avenues; thence northwestwardly along the center line 
of the old city limits, and parallel to Shipp street, and Shipp 
street extended, to the center line of Seventh street: thence 
northwardly along the center line of Seventh street to the 
northern boundary line of the city; thence eastwardly with 
said boundary line to the point of beginning. 


§ 10. NINTH WARD—Bounded on the north by the 
northern boundary line of the city; on the east by the western 
boundary line of the Eighth Ward; on the south by the old city 
limits lying just north of Jarvis av enue and running westwardly 
from the center line of Seventh street to a point two hundred 
and ten feet west of Seventh street; thence northwardly parallel 
to Seventh street to a point midway between Hill and Magnolia 
avenues: thence westwardly with the old city limits to the 
center line of Tenth street, or Tenth street extended; on the 
west by the center line of Tenth street, or Tenth street extended. 

§ 11. TENTH W ARD—Bounded on the north by the 
northern boundary line of the city; on the east by the center 
line of Tenth street, or Tenth street extended; on the north by 
the old city limits, running parallel to and about one hundred 
and fifty feet south of Burnett avenue; on the west by the center 
line of Fourteenth street. 

§ 12. ELEVENTH WARD—Beginning at a point in the 
northern boundary line of the city where the same would be 
intersected by the center line of Fourteenth street extended; 
thence southwardlyv with the center line of Fourteenth street to 
the city limits about one hundred and fifty feet south of 
Burnett avenue; thence eastwardly with the old city limits 


594 WARD BOUNDARIES... 





running about one hunred and fifty feet south of and parallel 
to Burnett avenue to a point two hundred and ten feet west of 
Seventh street; thence southwardly with the old city limits 
running parallel to Seventh street to a point two hundred and 
ten feet west of Seventh street, and in the line of Jarvis avenue 
extended; thence southeastwardly with the old city limits 
running parallel to Shipp avenue to a point about one hundred 
feet from the intersection of Fourth and Brandeis streets; 
thence southwestwardly with the old city limits to the most 
southern point in the old city mits, lying midway between: 
L street and K street extended, and Fifth and Sixth streets; 
thence southwestwardly to a point in the center line of Seventh 
street, and the northern boundary of L street, said point being: 
on the present city limits; thence northwardly and westwardly 
following the present city limits, to a point where the center line 
of Sixteenth street extended would intersect said limits; thence: 
northwardly along the center line of Sixteenth street extended 
to a point in the city limits lying about one hundred and fifty 
feet south of Burnett avenue; thence westwardly along the old 
city limits running near Burnett avenue to the intersection of 
the old city limits and the center line of Twenty-first street, 
same being near Foree avenue; thence northwardly and follow- 
ing the center line of Twenty-first street and Twenty-first street. 
extended, to the center line of Portland avenue; thence south- 
eastwardly along the center line of Portland avenue to the 
center line of Kighteenth street, thence northwardly along the 
centre line of Eighteenth street to the northern boundary line 
of the city; thence eastwardly with said boundary line to the 
point of beginning. 

§ 138. TWELFTH WARD—Beginning at a point in the 
northern boundary line of the city where the same would be 
intersected by the center line of Eighteenth street extended; 
thence southwardly along the center line of Eighteenth street 
to the center line of Portland avenue; thence westwardly along 
the center line of Portland avenue to the center line of T'wenty- 
first street ; thence southwardly along the center line of Twenty- 
first street, and Twenty-first street extended to the intersection 
of the old city limits, being near Foree avenue; thence east- 
wardly along the line of the old city limits running parallel to 
and near Burnett avenue to the center line of Sixteenth street 
extended; thence southwardly along the center line of Sixteenth ~ 
street extended to a point where it would intersect the present. 
city limits; thence westwardly and following the present city 
limits in its meanderings to the point of beginning. 

§ 14. That all ordinances and parts of ordinances in con— 
flict with this ordinance, be and the same are hereby repealed. 


WATER MAINS—WEEDS, REMOVEL OF, 59D 


§ 15. This ordinance shall take effect and be in force from 
and after its passage. ; 
Approved May 27, 1902. 


WATER MAINS. 


AN ORDINANCE in relation to the tapping and making con- 
nection to water mains in the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That in installing fire hydrants with the Louisville 
Water Company’s mains, which are already laid, the connection 
to said water mains shall be made without shutting off the 
water supply, by such method as is used and approved of in 
the principal cities of the country, thereby avoiding the great 
delay of having the water supply interrupted in the event of a 
fire, and also prevent the shutting down of factories and 
elevators at such points where hydrants may be erected. 

§ 2. This ordinance shall take effect from and after its 
publication. All ordinances in conflict herewith be, and are 
hereby repealed. 

Approved February 8, 1897. 


WEEDS, REMOVAL OF. 


AN ORDINANCE requiring the removal of weeds and filth 
from lots in the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That hereafter it shall be unlawful for the owner, 
agent or occupant of a lot whereon a building of airy kind may 
exist, or the owner or agent in charge of any vacant lot within 
the corporate limits of the city of Louisville, to permit any 
growth of weeds, which are, or may become a menace to the 
public health, or collection of garbage or filth of any deseription 
to remain on the lot aforesaid for a longer period than three 
days after notice to remove same has been given by the Health 
Department of the city of Louisville to the owner, agent or 
occupant thus offending. 


596 WEIGHTS AND MEASURES—INSPECTOR AND DUTIES. 





§ 2. For any violation of the provisions of this ordinance 
by the owner, agent or occupant of the property the person. 
euilty therof shall be fined not less than $5.00 nor more than 
$20.00 for each offense, and each and every day of such viola- 
tion shall constitute a separate offense and be punishable as- 
such. 

-§ 3. That all ordinances or parts of ordinances in conflict 
herewith are hereby repealed. 

§ 4. This ordinance shall take effect from and after its 
passage. 


Approved May 2, 1906. 


WEIGHTS AND MEASURES—INSPECTOR AND DUTIES. 


AN ORDINANCE providing for an Inspector of Weights and 
Measures and a helper, prescribing their duties, and pre- 
scribing penalties for the punishment of persons who- 
knowingly use defective or imperfect weights or measures. 


Be it ordained by the General Council of the city of Lowisville> 


§ 1. That the weights, measures and balances received from. 
the government of the United States, and now in the custody 
of the Secretary of State, shall be the standard of weights and. 
measures in the city of Louisville. . 

§ 2. Any person who shall buy or sell by any weight, bal- 
ance or measure not approved by the Inspector of Weights and. 
Measures of the city of Louisville, as herein provided, or who 
shall knowingly use defective or imperfect weights or measures, 
shall be fined not less than $10.00 nor more than $100.00 for 
each offense. 


§ 3. There is hereby created the office of Inspector of 
Weights and Measures of the city of Louisville, who shall be- 
appointed by the Mayor of the city of Louisville immediately © 
after the adoption of this ordinance, and shall hold his office: 
subject to removal at the pleasure of the Mayor. Said Inspector 
shall, before entering upon the duties of his office, execute a. 
bond to the city of Louisville in the sum of five thousand 
($5,000) dollars, with sufficient surety to be approved by the: 
Mayor, conditioned for the faithful performance of his duties. 
Said Inspector shall receive a salary of one hundred and twenty-— 


WEIGHTS AND MEASURES—INSPECTOR AND DUTIES. 5OT” 





five ($125.00) dollars per month, and no fees of any kind 
shall be charged or received by him. It shall be the duty of said: 
Inspector to inspect and examine, at least once in each year, and 
oftener, if possible, all weights, measures, scale beams, patent ap- 
pliances and steelyards and other instruments used for weigh-. 
ing or measuring in the city of Louisville, and to stamp with a 
suitable seal all weights and measures and scales so used, which 
he may find correct, and deliver to the owner thereof a certifi- 
cate of their accuracy. He shall make a register of all weights, 
measures, scales, beams, patent appliances, steelyards, and other 
instruments used for weighing, inspected and sealed by him, 
in which he shall state the names of the owners of the same,. 
and whether they are conformable to the standards of the city 
and State. It shall be his duty to enforce this ordinance against 
any person, firm or corporation that shall violate any of its pro- 
visions by causing warrants to be issued against any person 
who uses fraudulent or unsealed weights or measures, gauges or 
balances, or who in any manner violates any of the provisions- 
of this ordinance. He shall report to the Mayor quarteriy and 
oftener, if required by him, the names of all persons whose 
weights, measures, scale beams, patent appliances, steelyards- 
or other instruments used for weighing he has inspected, and 
whether found to be correct or incorrect. The said Inspector 
shall examine and inspect and seal,all weight, measures, scale 
beams, patent appliances, and steelyards, and other instruments. 
used for weighing at the store and places where the same may 
be found, but in case they, or any of them, shall be found not 
conformable to the standard of this city and State, they shall be- 
sent by the owner thereof, at his expense, to the office of the 
Inspector, for the purpose of being adjusted and sealed, within 
three days after the owner therof shall be required so to do in 
writing by said Inspector under penalty of ten ($10.00) dollars 
for failure so to do. 

§ 4. There is also hereby created the position of helper to- 
the Inspector of Weights and Measures, who shall be appointed 
by the Mayor, and who shall hold his office, subject to removal 
by the Mayor. Said helper shall drive the wagon in which are- 
carried the weights and measures, and other appliances used by 
the Inspector in the performance of his duties, and shall render 
such other service as shall be required by the Inspector. But. 
said helper shall have no authority to inspect, or seal any 
weights, measures, scale beams, patent appliances, steelyards, 
and other instruments used for weighing and measuring in the 
city of Lousiville. Said helper shall receive a salary of sixty 
($60.00) dollars per month, and no fees of any kind shall be- 
charged or received by him. 


598 WEIGHTS AND MEASURES——INSPECTOR AND DUTIES. 


§ 5. The hundred weight shall consist of one hundred 

pounds avoirdupois, and two thousand such pounds shall con- 

stitute a ton. 
§ 6. The following weights shall constitute a bushel of 

each article named, respectively : 

Wheat—Sixty pounds. 

Shelled Corn—Fifty-six pounds. 

Corn in Ear—Seventy pounds, ‘from the first of 
November to the first of May following, and from 
the first of May to the first of November following, 
sixty-eight pounds. 

Rye—Fifty-six pounds. 

Oats—Shelled, thirty-two pounds. 

Barley—forty-seven pounds. 

Irish Potatoes—Sixty pounds. 

Sweet Potatoes—Ilifty-five pounds. 

White Beans—Sixty pounds. 

Castor Beans—Forty-five pounds. 

Clover Seed—Sixtv pounds. 

Timothy Seed—Forty-five pounds. 

Flax Seed—Fifty-six pounds. 

Millet Seed—Fifty pounds. 

Peas—Sixty pounds. 

Bluegrass Seed—Fourteen pounds, 

Buckwheat—Fifty-six pounds. 

Dried Apples—Twenty-four pounds. 

Dried Peaches—Thirty-nine pounds. 

Onions—Fifty-seven pounds. 

Bottom Onion Sets—Thirty-six pounds. 

Salt—Fifty pounds. 

Stone—Coal—Seventy-six pounds. 
(The term coal includes anthracite, cannel, bitu- 
minous and other mined coal.) 

Bran—Twenty pounds. 

Plastering Hair—Eight pounds. 

Turnips—Sixty pounds. 

Unslacked Lime—Thirty-five pounds. 

Cornmeal—Fifty pounds. 

Fine Salt—Fifty-five pounds. 

Hungarian Grass Seed—Fifty pounds. 

Ground Peas—Twenty-four pounds. 

Orchard Grass Seed—Fourteen pounds. 

English Bluegrass Seed—Fourteen pounds. 

Hemp Seed—Forty-four pounds. 

One hundred and sixty pounds net of Irish potatoes 
shall constitute a merchantable barrel. 


WEIGHTS AND MEASURES-——INSPECTOR AND DUTIES. 599) 








All other weights, measures and balances shall be regulated. 
by the standard fixed in Section 1 of this ordinance. 

§ 7. Any person, firm or corporation selling sand, broken: 
stone, lime, asphalt or any other commodity of like character in. 
the city shall provide the driver of the wagon or conveyance 
with a delivery ticket bearing the name of seller, showing the 
net measurement of the commodity, and the name and address. 
of the purchaser, which said delivery ticket shall be delivered. 
by the driver in charge of the wagon or conveyance to the pur-- 
chaser or his agent or representative at the time of the delivery.. 

§ 8. Any person, firm or corporation selling coal, charcoal,. 
coke, or any other commodity of like character in the city shall 
provide the driver of the wagon or conveyance with a delivery 
ticket bearing the name of the seller, showing the net weight of 
the commodity, and the name and address of the purchaser, 
which said delivery ticket shall be delivered by the driver in 
charge of the wagon or conveyance to the purchaser or his agent. 
or representative at the time of the delivery. 

§ 9. Every person in charge of a wagon or conveyance used 
in delivering sand, broken stone, lime, asphalt, coal, charcoal,. 
coke or any other like commodity to whom the delivery ticket 
mentioned in the previous section has been given, shall on de- 
mand of the Inspector of Weights and Measures, or any License. 
Inspector of the city of Louisville, produce and deliver said de- 
livery. ticket to the said Inspector of Weights and Measures or 
said License Inspector. If the quantity of such commodity shall 
be shown on said ticket by measure, the driver shall submit the 
load to be measured by any of said officers, for the purpose of 
verifying the measure stated upon the ticket. If the quantity 
of such commodity be shown upon said ticket by weight, when- 
ever any of said officers shall demand that the weight so shown. 
be verified, it shall thereupon be the duty of the person in 
charge of said wagon or conveyance to conduct the same forth-. 
with to some scale selected by the officer making demand, and 
permit the weighing of the load, together with the conveyance: 
and equipment, for the purpose of ascertaining the gross weight 
thereof. The person in charge of the wagon or conveyance 
shall, after the delivery of the load, return forthwith with the 
conveyance and equipment to the same scale and permit the 
weighing of said conveyance and equipment for the purpose of 
verifying the net weight of the load as shown by the delivery 
ticket; provided, however, that if the driver of the wagon or 
conveyance requests the privilege of reweighing the load upon 
another and different scale from that selected by the officer, 
such officer shall consent to such reweighing and shall accom-- 
pany the load to the scale selected by the driver and make a 
record of the weight as shown thereby. 


600 ; WEIGHTS AND MEASURES—FALSE. 


§ 10. Any person, firm or corporation selling and deliver- 
ing or attempting to sell and deliver sand, broken stone, lime, 
asphalt, coal, charcoal, coke or any other like commodity in the 
city of Louisville without having in possession of the person in 
charge of the wagon or conveyance at the time such delivery is 
being made, a delivery ticket as provided in Sections 7 and 8 
of this ordinance, or who shall fail to deliver by the person in 
charge of the wagon or conveyance, such delivery ticket when 
demanded by the Inspector of Weights and Measures, or License 
Inspector of the city of Louisville, shall be fined not less than 
five nor more than fifty dollars for each offense. Any person, 
firm or corporation delivering or attempting to deliver sand, 
broken stone, lime, asphalt, coal, charcoal, coke, or any other 
like commodity within the city, who shall have upon the wagon 
or conveyance in which delivery is being made a less quantity 
than that called for by the delivery ticket provided for in Sec- 
tions 7 and 8 of this ordinance shall be fined not less than twen- 
ty-five dollars nor more than two hundred dollars for each of- 
fense. 

§ 11. This ordinance shall take effect from and after its 
passage. 

Approved August 18, 1908. 


WEIGHTS AND MEASURES—FALSE. 


AN ORDINANCE concerning the use of false weights or 
measures in the city of Louisville. 


Be vt ordained: by the General Council of the city of Louisville: 


§ 1. That it shall be unlawful for any person to sell any 
commodity by any false weight or measure, or that shall not 
furnish to the buyer the number of pounds required by statute 
to constitute a bushel, and any person who shall willfully vio- 
late the statute by giving or furnishing a false weight or meas- 
ure of any commodity sold to any person in the city of Louis- 
‘ville shall be subject to a fine of not less than five dollars nor 
more than twenty dollars for each offense, and each sale shall 
constitute a separate offense. 

§ 2. That this ordinance shall take effect from and after its 
passage. 

Approved May 23, 1900. 


WELLS, CISTERNS, WATER ATTACHMENTS——WHARVES. 601 


WELLS, CISTERNS, WATER ATTACHMENTS. 


AN ORDINANCE concerning the construction of public wells 
and cisterns and water attachments of the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That the digging and walling of public wells and cis- 
terns, and the placing of fire plugs, hydrants, and attachments 
to the street water pipes on the public ways within the city 
shall be done at the cost of the owners of lots fronting the pub- 
lic ways to the middle of each square from the intersection at 
or near which the work shall be located, or in any other equita- 
ble mode of apportionment which shall be prescribed in the 
ordinance for the particular work. 

§ 2. This ordinance to take effect from and after its pub- 
lication. 

Approved September 17, 1894. 





WHARVES. 


AN ORDINANCE concerning the receipts for the use of the 
wharves, landings and wharfs property of the city of Louis- ° 
ville, and claims for expenditures on account thereof. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That in pursuance of an act entitled “An act to ene 
an act entitled ‘An act for the government of cities of the first 
class,’ approved July 1, 1893, relating to wharves and landings 
of cities of the first class, ie approved February 28, 1902, that 
all amounts received by the City Treasurer from the Superin- 
tendent of Public Wharves for wharfage fees, rents for the use 
of wharves, leases on wharf property not needed for wharf pur- 
poses, and other moneys or penalties that may come into his 
hands as superintendent aforesaid, are hereby appropriated for 
the purpose of paying the salaries of said superintendent and his 
assistant and the improvements and repairs of such wharves, 
landings and wharf property, and such other expenses as may 
be incurred by the Board of Public Works from time to time 
on account thereof, and at the end of each fiscal year any bal- 
ance of revenue remaining in the city treasury unexpended 
to the credit of said fund shall be transferred and passed by 


602 WHISTLES (RAILROAD). 





the City Treasurer to the credit of the general purpose fund for 
the fiscal year in which such collections shall have been made. 

§ 2. That it shall be the duty of the Board of Public 
Works, at the end of each month, to make up and certify to the 
City Comptroller a pay-roll in duplicate for registration for the 
salaries and compensation of all officers and employes and the 
expenses in the conduct and management of such wharves, land- 
ings and wharf property during such months, which pay-rolls 
shall be on printed forms to be furnished by the City Comp- 
troller. 

§ 3. That when the pay-rolls required to be made up and 
certified by the preceding section have been registered by the 
City Comptroller he shall transmit the same to the General 
council for approval, and after the same have been approved by 
the General Council and Mayor, the Auditor shall draw his 
warrants in favor of each person whose name appears upon 
such pay-rolls, or his assignee, and on the delivery of such 
warrant the same shall be receipted for by such claimant, and in 
all other respects the provisions of an ordinance entitled “An 
ordinance prescribing the manner in which claims against the 
city of Louisville shall be made,” approved January 23, 1894, 
shall apply and be followed. 

S 4. That this ordinance shall take effect from its passage- 

Approved May 12, 1902. 


WHISTLES—RAILROAD. 


AN ORDINANCE relating to the blowing of railway or rail- 
road whistles in the city of Louisville. 


Beit ordained by the General Council of the city of Lowisville: 


S 1. That it shall be unlawful for any person or corporation 
to blow or permit to be blown any steam or other railway or rail- 
road whistle within one-half mile of any hospital for the sick, 
or any other place used for the care or cure of the sick or infirm 
in the eitv of Louisville. 

§ 2. Any person, firm, or corporation violating any of the 
provisions of this ordinance shall be fined not less than five ($5) 
pee and not more than twenty-five ($25) dollars for each of- 

ense. 

§ 3. This ordinance shall take effect from and after its pas- 
sage and publication. 

Approved September 4, 1894. 


WHISTLES (STEAMBOAT)——WITNESSES. 603 


WHISTLES—STEAMBOAT. 


AN ORDINANCE prohibiting the unnecessary blowing of 
steamers’ whistles while lying at the city wharf. 


Be it ordained by the General Council of the city of Lowisville: 


§ 1. That it shall be unlawful for any person or persons 
operating, or causing to be operated, any excursion or other 
steamer, to blow, or cause the whistle of such steamer to be 
blown unnecessarily while lying at either of the city wharves. 
A violation of the foregoing ordinance shall be punishable by a 
fine of not less than five dollars nor more than twenty-five 
dollars for each violation of the same. 

§ 2. This ordinance to take effect from and after its passage. 

Approved April 17, 1896. 


WITNESSES. 


Requiring Attendance Before Committees. 


AN ORDINANCE requiring witnesses to appear before commit- 

tees of the General Council, of either board thereof, and to 

~ compel the production of evidence called for by such com- 
mittees. 


Beit ordained by the General Council of the city of Lowisville: 


§ 1. That whenever the General Council, or either board 
thereof, shall appoint a committee to investigate and report on 
any matter pertaining to any measure offered or pending before 
the General Council, or either board thereof, or to investigate 
and report on the conduct or management of any office or de- 
partment of the city of Louisville, or the official conduct or ac- 
tion of any officer or employe of the city of Louisville, or any of 
its institutions, departments or executive boards, it shall be law- 
ful for such committee, if deemed necessary by a majority of its 
members, to employ a notary public, who shall issue subpcenas for 
all witnesses whose names shall be furnished him by the chair- 
man of any such committee, to administer the oath to such wit- 
nesses and take down and transcribe their testimony for the use 
of any such committee: and also to issue subpoenas duces tecwm 
for needed papers and documents of a public nature to the per- 


G04 WITNESSES. 





sons or officials having the same in charge.. Said subpoenas. 
may be served by the sheriff or any constable of the county or 
any deputy thereof. If any witness shall fail to attend before 
any such committee in obedience to such subpoena, or 
willfully avoid the service of such subpoena; or, be- 
ing in attendance at any sitting or session of any such 
committee, shall depart without leave of any such com-_ 
mittee, or refuse to be sworn, or refuse to answer any 
proper or lawful question propounded to him, or shall fair 
or refuse to produce any paper or document needed in evidence 
of which he shall have custody or possession, and for which a 
subpeena duces tecum shall have been issued and served, such 
witness shall be deemed guilty of contempt, and shall be sub- 
ject to a fine of not less than five dollars nor more than twenty 
dollars for each offense, which may be recovered by ordinance 
warrant for every such offense before the Police Court of the city 
of Louisville. If any such recusant or disobedient witness be 
an officer or employe of the city of Louisville or any of its de- 
partments, institutions or executive boards, drawing a salary or 
wages from the city treasurer, and shall offend as herein speci- 
fied, then his salary, wages or compensation shall cease, and no 
future claim therefor shall be certified, registered, allowed or 
paid out of the city treasury so long as such failure or refusal 
on the part of such officer or employe shall continue. 

§ 2.That the expense occasioned by the employment of a 
notary public by any such committee, and the attendance of 
witnesses subpcenaed to give testimony or produce papers or 
documents needed in evidence, unless the custodian or the per- 
son having the possession thereof is an officer or employe of the 
city, or one of its departments, institutions or executive boards, 
shall be against the general purposes fund of the city, and. 
when the claim or claims therefor shall be certified by the 
chairman of any such committee, it shall be the duty of the 
City Comptroller to register such claim or claims for allowance 
by the General Council as other claims are now required to be 
by law, payable out of the fund aforesaid. 

§ 3. That this ordinance shall take effect from its passage. 

Approved May 19, 1900. 


WORKHOUSE 605 





WORKHOUSE. 
Fixing the Wages of Those Who Satisfy Fines by Compulsory 
Work Therein. 


AN ORDINANCE fixing the wages of those who shall satisfy 
by compulsory work the fines assessed against them in the 
Police Court of the city of Louisville. 


Be it ordained by the General Council of the city of Louisville: 


§ 1. That any person who shall be arrested under a capias 
pro fine for a violation of any ordinance of the city, and be 
committed to the city workhouse for non-payment of such fine, 
shall be allowed as wages one dollar for each day such person 
shall do compulsory work for the city, in or out of said work- 
house, until such fine at the rate aforesaid is satisfied. 

2. That this ordinance shall take effect from and after its 
assage. 
: Approved August 15, 1898. 


606 LIST OF POSITIONS. 


LIST OF POSITIONS UNDER THE VARIOUS CITY DE- 


PARTMENTS, AUTHORITY THEREFOR WITH 
COMPENSATION. 


ASSESSOR’S DEPARTMENT. 
Ordinance November 15, 1901. (See Salaries. ) 


Per Month. Per Annum. 
dA SSOSROI. sos orice store ete eee area ¢291 66 $3,500 00 


Ordinance June 15, 1907. 


LeChiel Deputy: ies... ore ee ee 137 50 1,650 00 
10 Deputies each. ee ice eee ci eee 112 50 1,350 00 
10 Assistants (between September 1 and 

December 1 each year) each.. 75 00 900 00 

LU Pacisnia ne cnet cen aah eee 5 A ea 112 50 1,350 00 

1 -Assistant -Drattsman te. tose eee 83 33 1,000 00 

LD ransler' Cleric: aor ven ee neaeee ee Gorda 1,000 00 


AUDITOR’S DEPARTMENT. 
Ordinance November 15, 1901. (See Salaries.) 


Per Month. Per Annum. 
ERAT CILON vec ate te ee ck see $229.16 $2,750 00 


Ordinance May 25, 1908. ; 
Le wlerk Tore Auditowee ne ren coe hoe tise 100 00 1,200 00 
BOARD OF EQUALIZATION, 
Ordinance September 16, 1895. 
3. Memb erg vx 2, cahl. 2a, i coats tase haere eee ene Ones day 


LIST OF POSITIONS. O07 


BOARD OF PUBLIC SAFETY. 
Ordinance May 12, 1909. 


Per Month. Per Annum. 


3 Members of Board, each .......... $208 33 $2,500 00 
EERE Ny et ar oe, sect hd aiukce viele b acewie's T3350 1,650 00 
Ud MTOR CO ae a eR 100 00 1,200 00 


BOARD OF PUBLIC WORKS. 
Ordinance November 15, 1901. (See Salaries. ) 


Per Month. Per Annum. 
3 Members Board of Public Works ....$208 33 $2,500 00 


Office Department. 
Ordinance March 8, 1909. (See Board of Public Works.) 
Be MPM AGES tye ieay eR wd SS ops wrecks 125 00 1,500 00 
1 Clerk and Stenographer, not over .. 100 00 1,200 00 
1 Bookkeeper and apportionment 


SUG STE ta EI 2B bo de CES A RZ 83 34 1,000 00 
MEETING CODE U Mites cds ya's. axes etelons cowie Somat onOG 900 00 


CITY HOSPITAL. 
Ordinance May 12, 1909. (See Board of Public Safety.) 


Per Month. Per Annum. 


eer Fender. ..0 62.0. a Sas vies $125 00 $1,500 00 
PEL OCAT Vg cto 08 a iete.6. ofa a ave tao Stee eects 75 00 900 00 
MPR T SE LPL ST org. 5h hoy i esas ole aaa lew ope wee 75 00 900 00 
EMRE COT Ps tote Arab be afi ee ee wb sees 35 00 420 00 
DMM IRIITO CT att Ghee es eT GO ig A lt 75 00 900 00 
prec TOTO OS. more. fare cs oiaveta aol. hse 40 00 480 00 
Peed Latico Oe ksh reins) Sah oikc lala? 8 eneets 60 00 720 00 
2 Ambulance Drivers, each.......... 50 00 600 00 
TUE OTTERS iy CURIE air a ean ee ia a 50 00 600 00 
Ree OTIC ¢ CaO aC 61s Ge Sp. voce wrote ‘a ieee sn ooo 30 00 360 00 
PMMA OC) PUDONG phen es ule cio phc's/ane-e Havens 15 00 180 00 
LOS COT. abt hocs on ei'n, Suh n'sa la olcca ie 15 00 180. 00 
IO CTON 6, VERILOT ich cre << stoleleternlatatery 20 00 240 00 


PPUUIPSOS  WAILDGSS 00.5 o veo ee vie ered oo OP OU 180 00 


608 


iw) 
bb OY CD be beh fk ed ek ek ek ek ee ee Se pe es pe pe ps 


bt OD be Re et 


LIST OF POSITIONS. 


Nurses’ Waiter.... 
Orderly for Elevator... 
Orderly for Day Telephone........ 
Orderly for Night Telephone ...... 
Orderiysfor Public: Omeds ook wees. 
Orderly for “Nights ward)... 2h" 6,0 
Seamstress.... 
Doctor’s:Chambermaid 2)... < 41... 
Nurses’: On ampermaids ine. aura aint 
Scrubber ../... 
NGM Bers eGach wie t. sinepe nue sie 
TAUNGTY Matic Ae. sire tc 4 Oe eee eee 
Heady aundress cise «os Wieen ee cos 
Laundresses, each...... 

Laundress for two days each ‘week. . 
Nurse Lorem ale:7W ards ¢as4~ +6 ee 
Nurse for Male Colored Ward ...... 
Nurse for Male Colored Night Ward 
TOSEGR eae eee to een ee ee 
Painter and Plasterer... 
Orderly for Male Surgical Ward .. 
Orderly for Male Medical Ward .. 
Orderly for Day Detention Ward .. 
Orderly for Night Detention Ward.. 
Wall Cleaner.... 
Bain Porters in sek. 
Portenior Kiichen so. teen. eee ee ae 
Porter for Druggist . Vr at 
Orderly for Colored Ward . PAC etoke ee 
General Utility Man. peatia was 
Superintendent of Nurses . 8 
Assistant Superintendent of Nurses 
Surgical Nurse . 
Medial Nitrsesse cad coh eid ain 
Ward Maids, each... 
INDIPSOR weatH e,3 fe cun ctor ee sae erento 
Patient W aitressey, br. Lcncs we ee oaks 


eoeeeoeevoeeeeeeeeeee @ 


eeoeeeeeeveeeeveeseee 


eoeeeeeeeeee @ 


Tubercular Annex. 


Wand OW Washers: Sti. iy, Ants 
Orderly. 25m cake cre: caer ou ene 
Night MateuNurser cs says ec snes 
erp ber.twacskecn ia Ce eee 
Additional Pupil Nurses, each ...... 


Scullery Maid .... 


15 
30 
30 
15 


15 


00 
00 
00 
00 
00 
00 


180 
240 
300 
300 
300 
300 
300 
180 
180 
180 
144 
600 
300 
180 
84 
480 
360 
360 
180 
420 
360 
360 
360 
360 
180 
180 
180 
180 
180 
180 
1,000 
900 
720 
720 
180 
60 
180 


180 
360 
420 
180 

60 
180 


00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
vO 


00 
00 
00 
00 
00 
00 


LIST OF POSITIONS. 50 


1 Ward Maid, Male Surgical Ward .. 15 00 180 00 
93 employes. 
CITY BUYER’S DEPARTMENT. 
Ordinance December 13, 1907. 


Per Month. Per Annum. 


Mt Me LV GL Fak th hs thaw ohicsie clu be oe UDNOS $2,500 00° 
Pee aRistaNit (lLy Syer . + sacs ae nes 166 66 2,000 00 
ok beGsenataseadzy OAC) ail 2h ll en i ge aa nen 75 00 900 00: 
PLE CHON DOT race re erica cl pee Rie 50 00 600 OO 


CITY GAUGER. 
Ordinance November 7, 1904. Fees. 
CISTERNS. 
See Engineer’s Department. 
CEMETERIES. 
Ordinance May 12, 1909. (See Board of Safety.) 
Per Month. Per Annum. 
1 Superintendent, Portland or City 
COCA Ea pipet Na Rg | Sage i aera $ 30 00 360 00 
1 Superintendent, Western Cemetery... 50 00 600 00 
CITY HALL EXPENSES—BOARD OF PUBLIC WORKS. 
Resolution March 8, 1909. 
Engineer’s Department. 


Per Month. Per Annum. 


ate y dau Menpineer’. so eas. Lore $ 91 67 1,100 00: 
eer Tha MP INICET gr... ot re iarore eo es ae 83 34 1,000 00° 
MOISE AVGMI AT nee cc 'siets tte steele Sts 60 00 720 00 
et Bh Sse OTA Toe gee ce agvatcthe tase 's mie ksiedasboe 60 00 720 00 


(MAES A el Sats) ES Oe Ae SRN Ps ole a el $1.75 per day 


+610 LIST OF POSITIONS. 


Janitor’s Department. 


AL CHIE 2) AN GOL at one ere ee ion etis hey Ad inks 60 00 720 00 
7 Assistant Janitors, each........... 45 00 540 00 
d-Bleve tor viagiene asters ete anal saeuate 50 00 600 090 


GCLEY “POUNDS: 
Ordinance May 12, 1909. (See Board of Safety. 
Per Month. Per Annum. 


‘1 Pound Keeper, Eastern District ....$ 50 00 600 00 — 
‘1 Pound Keeper, Western District .... 50 00 600 00 


COMPTROLLER’S DEPARTMENT. 
Ordinance November 15, 1901. (See Salaries.) 


Per Month. Per Annum. 
sLaGom ptroller.c ae s6 Hine, sie eaten ae $291 66 3,000 00 


Ordinance April 17, 1905. 

AOE die Goh ae men ema er tity y see ae 166 66 2,000 00 
Ordinance April 29, 1907. | 

eA Ai tiorial Clarke woke Aewren Stke aes oak 83° 33. 1,000 00 


ERUPTIVE HOSPITAL DEPARTMENT. 
Ordinance May 12, 1909. (See Board of Safety.) 


Per Month. Per Annum. 


1. Superintendenti:.. 7 mana one eLOU UO $1,200 00 
Wagon Driver ee aon ee 30 00 360 00 
2 Regular Nurses when required, each 30 00 360 00 
Al in hh eligi: aaa ca.) cinta Pn eRe a) mein Be AS 25 00 300 00 
Ee Gammdress) 3.3 pew haat acne ee a 20 00 240 00 


Additional Nurses may be appointed by the Board of Pub- 
dic Safety in case of opidemic at $30.00 per month each. 


LIST CF POSITIONS. 


ENGINEER’S DEPARTMENT. 


Ordinance March 8, 1909. (See Board of Works.) 


61LE 


Per Month. Per Annum. 


Ro ntes eo meer. oe. a oS. S50 OO $3,000 OO: 
1 First Assistant Engineer... ...... 125 00 1,500 00° 
1 Expert Assistant Engineer, not over 125 00 1,500 00: 
1 Assistant Engineer, not over ...... 125 00 1,500 00> 
4 Assistant Engineers, each .......... 100 00 1,200 00 
1 Assistant Engineer... ..4..0.0.... 83 34 1,000 00° 
1 Chief Clerk to Chief Engineer ...... 100 00 1,200 00 
1) TINEA el po alte th A OR 60 00 720 00: 
1 Stenographer for Chief Engineer, not 
VOLE M iseg tes Pee Le GP he hake 75 00 900 00 
MRUICAIIAMIN Teter ek. ce Pe nS 125 00 . 1,500 00% 
SR OTAMemene each. <... 6 ete sso gece = LOWO0 1,200 00: 
OPPS VOTO Ga Clie sich se os save uncs,e eee 75 00 900 00 
Ps Gomelel eat De uyeriteiss: fe et Sate ees 75 00 900 00: 
PeAssistant Calctlator...0) 2k. 50 00 600 00 
BPE VIAN GACH Wicks fs o ckck aah a CORN 60 00 720 00: 
Bee CAMIRUUIMON GAClin os ey oo Lee ee 50 00 600 00° 
PILOUIDIEH SS ORGIe, eros ee CoS es eS AS 40 00 480 00 
1 Supermtendent Construction and Re- 
PET oO MES eee ae SE hts 125 00 1,500 00 
4 Assistant Superintendents, Construc- | 
tion and Repair, each .......... 100 00 1,200 00 
1 Superintendent Sewer Construction 
BRPPLGE tN crete eels VaR eS ska Mee Oe A 125 00 1,500 00» 
1 Assistant Superintendent Sewer Con- 
struction and Repair... .. . 100 00 1,200 00" 
1 Blacksmith, for services actually r ren- 
PUOER CS EeL pkts Shheie ee veh ie $3 00 per day 
1 Blacksmith Helper, services actually 
RUE TAL tas Sterns Cay la es eens 2 25 per day- 
1 Inspector Private Drains, services 
BOTA PONUGEEO> .joc cos, Su uk nts cee 3 50 per day 
1 Clerk of Sewers and Sidewalks .... 83 34 1,000 00 
1 Assistant Clerk Sewers and Side- 
PLR: Sal eee AEM asucdoee cue 75 00 900 00 
Pe lnspector. sidewalks 200-% 3. 2 eid 100 00 1,200 00 
1 Inspector Gas and Water Repairs.... 75 00 900 OO 
1 Inspector Cement, services actually 
PONMECOU <c eaesltahd wR een 3 00 per day 


‘612 ‘ LIST OF POSITIONS. 


1 Assistant Inspector Cement, services 


actually rendered e.sucle a .hateiters 2 50 per day 
1 Superintendent Pumps........... 100 00 1,200 00 
1 Assistant Superintendent Pumps.... 75 00 900 00 


In the Pumps and Wells Shop. (See Board of Works.) 


1 Carpenter, services actually ren- 


ered xian a kl eek eeacbls cate 2 50 per day 
1 Blacksmith, services actually ren- : 
CLOretian oe etic Oe ai sate gf hike ae 2° D0 Pee maniee 
2 Skilled Laborers, services actually 
Pencereds Gael soos ke. cons dive ere 2.50 jeaeeeee 
Not exceeding 4 Laborers, services 
actually rendered, each . d Lilt 
Foremen, services actually rendered, 
each . Sat PR Re A Bae ey Se 3 00 Sita 
Stonecutters and Granite Pavers (9 
hours), not exceeding, each .... 4.50%, eee 
Bowlder Pavers (9 hours), not exceed- 
LOVED CHE de sh tee, act ee aieay Se 3,00 255g 
Rammermen (9 hours), not exceeding, 
GACH: COP se age eee ease ties 3 00 Ava ee 
Brick Pavers (9 hours), not exceeding, 
BACH hres PIN ey IRUR one 3 00 Sm ee 


Teams, including Drivers, services 
actually rendered, not over, each 45003 tae 


FIRE DEPARTMENT. 
Ordinance May 12, 1909.(See Board of Safety.) 
Per Day. Per Month. Per Annum. 


1 Chief of Fire Department ...... $250 00 - $3,000 00 
4 Assistants to the Chief, 
CaCl Berk hy geet 1333533 1,600 00 
1 Secretary to the (Ghief 2s... 137 50 1,650. 00 
Ard to thet Ciieten sees $2.75 
1 Chief Operator of Fire 
AT AT Ee ee RE AS au 125 00 1,500 00 
1 Master ‘Mechanic tai) dyes 125 00 1,500 00 
‘2 Water Tower Men, each 2 50 912 50 
3 Fire Alarm Telegraph 


Operators, each .... © 2 75 1,003 75 


LIST OF POSITIONS. a 


o. 
| amet 
CQ 


3 Telephone Operators, each 2 75 1,003 75 
4 Line Repairers, each .... 2 75 1,003 75 
ESA SRCL VC NIAIE bes ocd sce ae » 2 75 1,003 75 
1 Foreman of Repair and 

Machine Shop .... 38 00 1,095 00 
2 Machinists (except Sun- 

DAMN CACI. > share cceie-s 2 79 860 75 
1 Blacksmith (except Sun- 

SEMA RA a eR vis we” ats 3 00 939 00 
1 Blacksmith Helper (ex- 

cept Sundays) . 2 00 626 00 
1 Harness Maker (except 

Sundays) . : PT ae 860 75 
2 Hydrant Men | (except 

Sundays), each . 4 00 1,252 00 
2 Painters (except Sun- 

Daveinenen eo... ot, 0.00 939. 00 


1 Captain to each Fire 

Company (21 Com- 

panies, each . (eae 100 00 1,200 00 
1 Captain to each Hook 

and Ladder Com- 

pany (6 Companies), 

TET hee Ee i 100 00 1,200 00 
1 Captain to each Water 

Tower Company (1 

CeO AIAS de elares hn us ive enesets 100 00 1,200 00 
54 Pipemen—5 to No. 2. 4 

each to Nos. 1, 4 and 

8; 3 each to Nos. D, 

7 and 9; 2 each to 

Noose 6.10) ,LLy 12: 

eoieicr 1), O01 1, Lo, 

19, 20 and 21, each.. 
1 Engineer to each Com- 

pany (21 Compa- 

etre? CON ee ae. vate) Naty ah SU 1,170 00 
1 Stoker to each Company 

(21 Companies), 

STAT a oekey ag eB peg yy CU) Wie eos es 912 50 
1 Engine Driver to each 

Company (21 Com- 

panies), each...... Cee CaM tetas OT OU 
1 Reel Driver to each 

Company (21 Com- 

panies), each...... po Sonat at i 912 50 


Posto: 1,003 75 


bo 
~l 
Or 


614 LIST OF POSITIONS. 





1 Truck Driver to each 

Hook and Ladder 

Company (5 Compa- 

nies), Gach ssw 2 DO ee! toner 912 50 
1 Fuel Driver to each 

Hook and ‘Ladder 

Company (5 Compa- 


Nes) Caches ates. BOY aot are ee 912 50 
1 Truck Driver for Hook 

and “Ladder Note) at 0U oan ee 912 50 
1 Driver for Water Tower 

COMPANY. bo. ea wee ee OO ee ee 912 50 
1*Driver to Supply Wagon 2;50) == aw 912 50 


37 Laddermen (7 each on 
Nos. 1, 2, 3, 4 and 6), 
ChGh') Portes ee QT st ae ne 1,003 75 


Such additional help as may be necessary in the repair 
shop, not exceeding 15 men at any one time, to be approved by 
the Board of Public Safety, and whose salaries shall be fixed 
by the Board of Public Safety, and whose names shall appear 
on the regular pay-roll of the repair shop as special men, but 
who may be dismissed at any time by the Board of Public 
Safety, and shall not be considered as regular or uniformed 
men. 


GAS ARBITRATORS. 
Ordinance May 2, 1899. 
For Arbitrators elected in years 1903, 1908, 1913, as follows: 


Per Month. Per Annum. 
1 Arbitrator, selected by City’)... eee $ 500 OF 


Third Arbitrator, selected by the two.... .... 250 00 
Expenses, if any, not to exceed $250. 
GAS INSPECTOR. 
Ordinance April 7, 1908. 


Per Month. Per Annum. 
Inspector 208 eee ee eee £150 00 $1,800 00 


LIST OF POSITIONS. 


HOME FOR THE AGED AND INFIRM. 


Ordinance May 12, 1909. (See Board of Safety.) 


615 


Per Month. Per Annum. 


Pee RTS PUICLOTIG Bd wreak oe eke ee es $100 00 
ERA TYREE a Togs oie aoa Ss aw, oid skid e's" 60 00 
IMTS LLATIC ACLOLK, oi .safe ccs oh dks cee 50 00 
PM PE IES d, ole oes oo cic'a sce peice c ee 40 00 
UES ES COU ECR Re) 30 00 
PMT GSUN tee, Sn es oe cele ol ta e’Shece 8 45 00 
MMNPREEVEITATING Sec, Pkt. chet on wad « abe ote 30 00 
Ue rh 8G Sao a cn es Cees 25 00 
AG gil dead 2° deg coe Be ra Rae a 15 00 
MPITITAL HOH GNT pos eos Ls i oa shares ehebt lvteile’sils 25 00 
EN ponte ec RMN OS i ciel oR ge 30 00 
BMS GOT: ager Ghee a eS. Stas et 20 00 
COMINGS a 1 Eye i SSRN As 3O Seana a A 30. 00 
1 Cook (officer’s kitchen) ;........... 40 00 
MoM MEINN ANOS) CSGN ss. fiw eke ne ce ne 20 00 
OD aT oe 0. Sat Gee ea eR 20 00 
RE OSE Joined Wee cos GA ai kie ele e 20 00 
1 ROCHE SER UG 19 <a ara aa 20 00 
PE ie AAC eee od Fea cher sts ocs 0/0. w onc ons 10 00 
1 Electrical or ‘Night Engineer ...... 60. 00 


HEALTH DEPARTMENT. 


$1,200 
720 
600 
480 
360 
540 
360 
300 
180 
300 
360 
240 
360 
480 
240) 
240 
240 
240 
120 
720 


Ordinance May 12, 1909. (See Board of Safety.) 


00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 


Per Month. Per Annum. 


MEME COT yA lnale cect os > Pes Mee ots $250 00 

1 Assistant Health Officer, Milk and 
EATS CUM: cro! oS S2k INE. 5) a 150 000 

1 Secretary and Inspector, Contagious 
PIMC R EEN RG e's EES CATER ots ted haht ohn 133 °33 
rege rary MUrgeOnl. 6/6 e <tc sl eae ees 150 00 
1 Chemist and Dairy Expert ....,... 133 33 
1 Registrar and Inspector........... 75 00 
1 Bacteriologist and Chemist . it) ABSeso 

1 Assistant Bacteriologist and Chem- 
WE... eee eee eee ee eee 75 00 


$3,000 
1,800 


1,600 
1,800 
1,600 

900 
1,600 


900 
900 


00 
00 


00 
00 
00 
00, 
00 


00 
00 





616 LIST OF POSITIONS. 
1 Physician for Eastern District ...... 100 00 1,200 00 
1 Physician for Western District ...... 100 00 1,200 00 
1 ‘Physicians coloredace Gus: tasks Ais 83 33 1,000 00 


a 


be ht et Re ee 


out” food 


1 
1 
if 


20 Employes. 


INSPECTION OF BUILDINGS DEPARTMENT. 


Ordinance May 12, 1909. (See Board of Safety.) 


Per Month. Per Annum. 


Inspector Of Buildings Wien cine $150 00. $1,800 00 
Assistant Inspector of Buildings, not 
OVET Seiten els sleet eam tebe een ae 125 00 1,500 00 
SmokeInspecter si <iriictcrssisterstera teks 125 00 1,500 00 
Assistant Inspector, Elevator ...... 125 00 1,500 00 
Assistant Inspector, Plumbing ...... 125 00 1,500 00 
Assistant Inspector, Electrical ...... 125 00 1,500 00 
Assistant Inspestors of Buildings, 
ach or Lana aioe nee 100 00 1,200 00 
Permit:Qlenk 255, eae Ree 75 00 — 900 00 
Clerk and Stenographer.......... 60 00 720 00 
LAW DEPARTMENT. 
Ordinance August 11, 1908. 
Per Month. Per Annum. 
Claim A pent oft eee $125 00 $1,500 00 
Ordinance May 12, 1909. (See Board of Safety. 
Member from Police Force ........ 108 33 1,300 00 
Ordinance December 19, 1904. 
City Attorney, appointed under Sec- 
tions 2909 and 2910 of City Char- 

Ber... Ge ee ee ee eee 416 66 5,000 00 
Assistant City Attorney 5.5 aean 250 00 3,000 00 
Second Assistant City Attorney .... 208 33 2,500 00 

Ordinance March 14, 1905. 
Law. .Clerk eye ee a eee 200 00 2,400 00 
Additional Abstractor of Title ...... 125 00 1,500 00 
Additional Stenographer.......... 75 00 900 00 


LIST OF POSITIONS. 617 


Ordinance April 29, 1907. 


EP RSNA RIA TIRES Pore Lisbes. ch). a edie wereld oh 125 00 1,500 00 
RMA PLOTOOE LILLGs ils i5 5 so beaks cis ales 125 00 1,500 00 
RTGS GMIIIIS cular cei Gleks pare sleraueste ks 30 00 360 00 


Ordinance January 13, 1902. 
Pave Clerks to Mayorl so. 5.0. 0. 125 00 1,500 00 
Ordinance February 28, 1898. 
UTM ELC E Eo eee Cah c'e oe se 'a's. sla so 85 00 1,020 00 
Ordinance November 15, 1901. (See Salaries. ) 
1 Assistant City Attorney’s Steno- 
Sar PO St oo esse, 5 uo: sais 75 00 900 00 
LIVE STOCK INSPECTOR. 
Ordinance Effective November 8, 1900. (See Food.) 
Inspector appointed under Section 2948 of City Charter. 
Per Month. Per Annum. 


MPI LAUCO OOTY. Cis erty Kept shee >.<, un )leb« rs as $100 00 £1,200 00 
Pe sistATb LMS PeClOL .. . «vs ees \e cian 75 00 900 00 


LABORERS. 
Employed by the Board of Public Works. 
Ordinance March 8, 1909. 


Laborers, services actually rendered, 
ELON Gla Tee ae ee erat tich «bien aly ech dane he $1 75 per day each 


LEGISLATIVE DEPARTMENT. 
Ordinance April 2, 1899. 
Per Month. Per Annum. 


1 Clerk to Board of Aldermen .......$166 66 $2,000 00 
1 Clerk to Board ‘of Councilmen .... 166 66 2,000 00 


618 LIST OF POSITIONS. 


Ordinance November 15, 1901. (See Salaries.) 


2 Pages to Board of Aldermen, per session General 


Council, (each's 7.4 Ge. sealant wag pieces eee $ 1 50 

2 Pages to Board of Councilmen, per session General 
Council; ‘each. ila. sacs 2. eis ee eee $1 50 

1 Sergeant-at-Arms, Board of Aldermen, per session 
(toneral (Councils. Os shies on vie ce 1 50 

1 Sergeant-at-Arms, Board of Councilmen, per session 
Genéral (Cone) tS era. crete atetelea ae eee 1 60 


MAYOR’S DEPARTMENT. 
Ordinance November 15, 1901. (See Salaries.) 


Per Month. Per Annum. 
Tia yor Went ee oa el ea ee a eee $416 66 $5,000 00 
1 Secretary. ,. sy suse. eas ecice Mee eee 166 66 2,000 00 
Ordinance February 6, 1902. 
1 Assistant Secretary. conker 85 00 1.020.006 
PUBLIC BATHS DEPARTMENT. 
Ordinance March 8, 1909. (See Board of Works.) 
Per. Month. Per Annum. 
1 Superintendent. eee eee $ 65 00 780 00 
1 Assistant Superintendent .......... 30 00 360 00 
PUMPS AND WELLS. 
See Engineer’s Department. 
PRIVATE DRAINS. 
Ordinance November 9, 1895. 


Estimated cost of Private Drains to be deposited with City 
Treasurer, and rebates, if any, rebated by the pay-roll made by 


Engineer’s Department. 


PRIVATE DRAINS. 


- See Engineer’s Department. 


LIST OF POSITIONS. 619 


POLICE DEPARTMENT. 
Ordinance May 12, 1909. 
See Board of Safety. 
Per Month. Per Annum. 


MTOMOL EP UICE a. fed eres ce ueee ce eees $250 00 $3,000 00 
aeeAeeigt Cliet Of Police ........s000. 150 00 1,800 00 
MOC rCuaLy OF LOUGCG sco. ss cen ee 137 50 1,650 00 
Hecniel of Detectives .. 0). 6... see 150 00 1,800 00 
1 Secretary of Detectives and Stenog- 

SOP ELONGS ce plete des ellis 08 SUSUR ia rrr ee 100 00 1,200 00 
7 Captains of Police, each .......... 116 66 1,400 00 
14 Lieutenants of Police, each ........ 91 66 1,100 00 
22 Sergeants of Police, each .......... 83 33 1,000 00 


369 Patrolmen, each, $2.50 per day. 
1 Patrolman assigned to the Law De- 
EE VIPER IR eat f o's! d gon 5.550 « 108 33 1,300 00 
POLICE COURT. 
Ordinance November 15, 1901. 


See Salaries. 


Per Month. Per Annum. 
MR ee ees Sy enc dyes ee he aa eke $291 66 $3,500 00 


Act March 18, 1902. 


“ECOG TS BOP epee US Re Gaara hy Ce a $291 66 $3,500 00 
URAC De hers elcte oos cig ois cei, wean or See td,» 291 66 3,900 00 
mereDULY, UlerKs, CAC”. ov. ee wees 100 00 1,200 00 
* eelp UNiit OUN GSS RS 2, - ae lie adee Aan arg oe aS 291 66 3,500 00 
Me Everts IENIES se cote win coos caeiery ete) ote Coes 100 00 1,200 00 


Act March 26, 1904. 
PRSLOTIODTADDED sy vice wae .<.e-)e se wvverx « BLOOD €1,200 00 
Charter. 
MeSETIDET DLO ULOE ace teat gets ee ts ee a ates eT O..UU $ 900 00 


620: . LIST OF POSITIONS. 


Act March 22, 1904. 
1: Door. Keeper ors sth. eer ee ..$ 5000 600 00. 


Judges allowed vacation of two (2) months each year, sal- 
ary of Judge pro tem. not to be deducted from regular Judge. 

Attorney allowed vacation of sixty (60) days each year, sal- 
ary af Attorney pro tem. not to be deducted from regular At- 
torney. 

Stenographer allowed vacation of sixty (60) days each year, 
salary of Stenographer pro tem. not to be deducted from reg- 
ular Stenographer. 

Pro tem. Attorneys appointed by Judge, salary to be de- 
ducted from salary of regular Attorney except account of ill- 
ness or vacation. 


RECONSTRUCTION OF STRERTS. 
See Engineer’s Department. 
REPAIRING STREETS. 
See Engineer’s Department. 
RECEIVER OF TAXES. 
Ordinance November 15, 1901. (See Salaries.) 


Per Month. Per Annum. 
1 Tax Receiver". se ee eee $291 66 $3,500 00 


Ordinance December 10, 1908. 


DSORSHIGR 0.0 ioe. sen en er ee $150 00 $1,800 00 
IAsBookkeeper.S dies eas ae ee ee 100 00 1,200 vO 
LuGahienal iCletin ier ee* ate fea alte 83 (33 1,000 00 
3 Deputy (Clerks, ceachanw seas ato ee 75 00 900 00 


For January, February and Macrh 
of each year: 
6. iDenpty Clevks tack eee Ce te 75 00 900 00 
STREET CLEANING DEPARTMENT. 


Ordinance March 8, 1909. 


LIST OF POSITIONS. 


for) 
bo 
ee 


See Board of Works. 
Per Month. Per Annum. 


eeEa IRI CONC OM te ict sic cies 6s 8 Fo 0 cla7ocw ee op €125 00 $1,500 00 
OCP Te SUMS Ee a oe a AN ar SEG, 1,100 00 
RO ROMO CO GN iy Sie scares ere cule astern ease a s 75 00 900 00 
3 Assistant Foremen, each ............. 65 00 780. 00 
DC PNR ATV te nec wiecs Rinse celiwreleaine so dee 75 00 900 00 
Pea POMCMON: CHOCN .v.cia ec sce ese es 52 00 624 00 
Per Day. 
8 Dump Men, service actually rendered, 
PMN eds oy cc alee CMU etm $ g Ray de 
4 Catch-basin Men, services actually ren- 
Re RE re eis ces cbt te as eatels'« 2 00 
All Laborers, services actually rendered, 
each day J -nours, not over,-each.. ....'. 1 75 
Teams, including Driver, services actually 
rendered, each day 9 hours, each ...... 4 00 


SEWER CLEANING. 
See Engineer’s Department. 
SEWER CONSTRUCTION. 
See Engineer’s Department. 
SEWER REPAIRS. 
See Engineer’s Department. 
SUPERVISOR’S DEPARTMENT. 
Ordinance March 8, 1909. 
See Board of Works. 
Per Day. 
Not more than thirty-three (33) Supervisors, services 
BCE) pa eran fo Ts aieiag os of Os wie tie. cit oie $ 3 00 
Under Board of Public Works. 
SEWERS AND BRIDGES. 


Sce Engineer’s Department. 


622 LIST OF POSITIONS. 


SEWER CONSTRUCTION BOND FUND. 


Authorized by a Resolution of the General Council. Approved 
December 8, 1906. 


See Engineer’s Department. 
TREASURER’S DEPARTMENT. 
Ordinance November 15, 1901. 
See Salaries. 


Per Month. Per yeast. 
1 Treasnrer ccc ec se een ck ae eee $291 66 $3,500 00 


Ordinance September 30, 1895. 
Li Clerk?) Sea in tee eet ee ee $125 00 $1,500 00 


TEAMS. 
Employed by the Board of Public Works. 
Ordinance March 8, 1909. 
Teams, services actually rendered, each, not over...$4 per day 
VETERAN FIREMEN’S HOME. 
Ordinance July 2, 1900. 

To President of the Veteran Firemen’s Association a sum 
each month not to exceed $75.00, for employees and expenses. 
WORKHOUSE. 

See Board of Safety. 
Ordinance May 12, 1909. 


Per Month. Per Annum. 
T-Superintendent 126. ce eee $100 00 €1,200 00 


1 
1 
L 


fed fed ped ped J pe ped Pe ed Pk 


LIST OF POSITIONS. 


Perr M RAO, LAGI 7 yiPy cist cahs ake aiccalose's tse = 65 00 
PPA TRE ATIC LCT RN! a), Pe. Sin eSNG ae ose 60 00 
Day Watchman and Prison Wagon 

MPR VORe fc: Er ee ue a te wet 60 00 
POI Gr PVEIITE CT £ Weve, cy srelaldse o's ade tietecs.s 60 00 
RIGMED VST IC INICCE: .. cok lasis sole sees site 60 00 
eAPaT RV ECR al yrcit a cis ale e's awie's ses 60 00 
RESEND Sh Pe eeteroe wee Sees 50 00 
EMOTE COM Oe ee fo vee Actes decals sth e 50 00 
TRO TCI ee ute hols vin See's 50 00 
POM ema (CrarueNe? .'c..o% 2. sc sos wee 30 00 
Sahni gin he ail cali ie ia is i a 18 00 
DTT A Cig gaa A edhe a 50 00 
Matron (for female prisoners) ...... 60 00 


20 Employes. 
WEIGHTS AND MEASURES. 
Ordinance August 18, 1908. 


623 


780 00 
720 00 


720 00 
720 00 
720 00 
720 00 
600 00 
600 00 
600 00 
360 00 
216 00 
600 00 
720 00 


Per Month. Per Annum. 


Lee ee eee 2 AW es ee $125 00 
HPCE COemINDCCUOL Wats cc e's sales ce ns 60 00 


WHARVES. 
Act February 28, 1902. 


$1,500 00 


720 00 


Per Month. Per Annum. 
1 Superintendent, not to exceed ........ $208 33 
1 Assistant Superintendent, not to exceed 100 00 
Other employes and other expenses subject to the approval 
of the Board of Public Works. 


$2500 00 
1,200 00 


D4 PROVISIONS OF STATE CONSTITUTION. 


op) 





PROVISIONS OF THE STATE CONSTITUTION APPLICA- 
BLE TO CITIES OF THE FIRST CLASS 


§ 52. Indebtedness to State or municipality not to be re- 
leased. The General Assembly shall have no power to release, 
extinguish, or authorize the releasing or extinguishing, in whole 
or in part, the indebtedness or liability of any corporation or 
individual to this Commonwealth, or to any company or muric!}- 
pality thereof. 


§ 60. Special laws—laws to take effect when approved by 
people. The General Assembly shall not indirectly enact any 
special or local act by the repeal in part of a general act, or by 
exempting from the operation of a general act any city, town, 
district or county; but laws repealing local or special acts may 
be enacted. No law shall be enacted granting powers or privi- 
leges in any case where the granting of such powers or 
privileges shall have been provided for by a general law, nor 
where the courts have jurisdiction to grant the same or to give 
the relief asked for. No law, except such as relates to the sale, 
loan or gift of vinous, spirituous or malt liquors, bridges, turn- 
pikes or other public roads, public buildings or improvements, 
fencing, running at large of stock, matters pertaining to com- 
mon schools, paupers, and the regulation by counties, cities, 
towns or other municipalities of their local affairs, shall be 
enacted to take effect upon the approval of any other authority 
than the General Assembly, unless otherwise expressly provided 
in this Constitution. 





§ 52. Construction of section. 
See City v. Lou. Railway Co., 


§ 60. Section 2838, Ky. Stat., 
is not violative of this section. 


DO ky aD OF OEE SK et ene oats Richardson v. Mehler, 23 R,,. 
W., 14, holding that the City 917; 111 Ky., 408; 63 S. W., 
Council had no power to make 957. See Murphy v. City, 24 
a compromise settlement of R., 1574; 114 Ky., 762; 71 S. 
taxes; and Com. v. Tilton, 23 W., 934. 

Re Sat Kv a 4 1eer oaee 

W., 602; Cov. & Cinn. Bridge 


Co. v. Davison, 31 R., 425; 102 
Sac Ws, Weed, 


PROVISIONS OF STATE CONSTITUTION. 625 





POLICE COURTS. 


§ 143. Establishment and jurisdiction of. A Police Court 
may be established in each city and town in this State, with 
jurisdiction in cases of violation of municipal ordinances and 
by-laws occurring within the corporate limits of the city or 
town in which it is established, and such criminal jurisdiction 
within the said limits as Justices of the Peace have. The said 
Courts may be authorized to act as examining Courts, but shall 
have no civil jurisdiction: Provided, The General Assembly 
may confer civil jurisdiction on Police Courts in cities and 
tewns of the fourth and fifth classes and in towns of the sixth 
elass having a population of two hundred and fifty or more, 
which jurisdiction shall be uniform throughout the State, and 
not exceed that of Justices of the Peace. 


MUNICIPALITIES. 


§ 156. Six classes—population determines classification—or- 
ganization and assignment. The cities and towns of this Com- 
monwealth, for the purpose of their organization and govern- 


§ 143. (1) The Police Courts 
have exclusive jurisdiction only 
of those offenses denounced by 
ordinance, and not covered ‘Sy 
any statute or the common 
law, but where the offense pun- 
ishable by an ordinance is also 
a statutory or common law of- 
fense, the police courts have 
only concurrent jurisdiction of 
prosecutions for its violation. 
Com. v. Hunter, 719 °-R., 1109; 
41 & W., 284; Com. v. Wick- 
ersnam, 99 ,Ky., 213: 17 R., 
oul seso4ri. ao Ws, 407 5 MOTOR V. 
Oem sonl16.. Ky, -$b9- 25. >K., 
1042; 26 Sy W., 1090. 

(2) A city ordinance may fix 
a greater, but can not fix a less, 
penalty for an offense denounced 
by statute than that imposed by 
the statute (Con., sec. 168), but 
may fix a less penalty for a com- 
mon law offense than that pre- 
scribed by the common law. City 
we cuaminie. 99 Ky. 493) 17 —-R., 
1393; 34 S. W., 1085; and see 
City v. Sparks, 99 Ky., 351, 18 
BRevcoo, a2o008,4W., 4; Taylor v. 


Com., 798 2Ky. 271 j-ch7 R., 7856: 
32 S. W., 948. 

(3) Legislature has no power 
to confer jurisdiction upon police 
courts of offenses anising outside 
of the corporate limits. 118 
Ky cons, co i 863: 82-8: W.; 
606; Earl v. Latonia, 32 R., 586; 
LOGS: Weera ba: 

(4) The criminal jurisdiction 
of police courts is limited to the 
jurisdiction possessed by justices. 
Stone v. City of Paducah, 120 
Ky tomes vet At. 0263286 °5. -W., 


549. 

§ 156. (1) COlassification of 
cities. When a city thas been 
assigned by the Legislature to a 
particular class it must remain 
in that class until changed by 
the Legislature. The courts have 
no power to transfer cities from 
one class to another. Green v. 
Com: 35 Ken,, 2333.16 R,, 161; 
24 S. W., 610; and _ sections 
3661-3662 of the Ky Stat., con- 
ferring this power on the courts, 
are unconstitutional. Jernigan 
Wer Gitver) oe re, ba ee OD 1 KY, . 


PROVISIONS OF STA TE CONSTITUTION. 





625 


ment, shall be divided into six classes. The organization and 
powers of each class shall be defined and provided for by general 
laws, so that all municipal corporations of the same class shall 
possess the same powers and be subject to the same restrictions.. 
To the first class shall belong cities with a population of one 
hundred thousand or more; to the second class, cities with a 
population of twenty thousand or more, and less than one hun- 
dred thousand; to the third class, cities with a population of 
eight thousand or more, and less than twenty thousand; to 
the fourth class, cities and towns with a population of three 
thousand or more, and less than eight thousand; to the fifth. 
class, cities and towns with a population of one thousand or 
more, and less than three thousand; to the sixth class, towns. 
with a populations of less than one thousand. The General 
Assembly shall assign the cities and towns of the Common- 
wealth to the classes to which they respectively belong, and 
change assignments made as the population of said cities and 
towns may increase or decrease, and in the absence of other 
satisfactory information as to their population, shall be gov- 
erned by the last preceding Federal census in so doing; but: 
no city or town shall be transferred from one class to another, 
except in pursuance of a law previously enacted and provid- 
ing therefor. The General Assembly, by a general law, shall 
provide how towns may be organized, and enact laws for the 
government of such towns until the same are assigned to one 
or the other of the classes above named; but such assignment: 
shall be made at the first session of the General Assembly after 
the organization of said town or city. 





313; 43 S. W., 448; and see Gil- 
bert v. City of Paducah, 115 Ky., 
1605°24°R,,°1998* 72 S* wes Le. 

(2) Where a town has been 
established ‘by the Circuit Court 
the failure of the Legislature to 
assign it to a class does not af- 
fect its organization. Com. v. 
Rose, 105 Ky., 326; 20 R., 1220; 
49 S. W., 29. 

(3) Improvement of streets at 
cost of abutting owners and the 


expense incurred made a lien on 
the property. Richardson v. 
Mehler, 23 R., 917; 1211 AKy, 
£085.63: "SP We, 957: 

(4) Population of city or 
town may be ascertained by a 
census taken under an ordinance 
enacted by the city Jor ‘town. 
O’Bryan v. City, 24 R., 469; 113 
Ky., 680; 72 S. W., 816; Jerni- 
gan v. City, 102 Ky., 313; 1> 
R.j;14123"48"58) Wirtaees 


PROVISIONS OF STATE CONSTITUTION. 


027 





§ 157. Tax rate—indebtedness—submission of question to 


voters. 


The tax rate of cities, towns, counties, taxing districts 


and other municipalities, for other than school purposes, shall 
not, at any time, exceed the following rates upon the value of 


§ 157. (1) Appropriation of 
funds by Fiscal Court to build 
a Court House, although in ex- 
cess of the income for that year, 
was not in violation of this sec- 
tion, as after deducting the cash 
on hand the levy for the year 
would pay the balance. Field v. 
Stroube, 19 R., 1751; 103 Ky., 
Mees ee WV OGG. 

(2) Construction and effect 
of the section. Without the as- 
sent of the voters a city can not 
become ‘indebted for school or 
any other purposes, in an 
amount exceeding the income 
for that year. City Council v. 
Powell, 16 R., 174; 27 8S. W., 1. 

(3) Election under this sec- 
tion must be held on tthe day ot 
a regular election, and the as- 
sent of two-thirds of those voting 
upon the question submiitted is 
sufficient. See Montgomery Co. 
Fiscal Court v. Trimble, 20 R., 
So Loa Ky... 6293-47. 8a W.; 
773; Board of Education v. City 
of Winchester, 120 Ky., 591; 27 
R., 994; 87 S. W., 768, overrul- 
ing; Belknap v.. City, 99. Ky., 
Pie eee ao OOS. Wig kL AS; 
GiLy Vin baker. 1S Ris 8940 37 
S. W., 1129; ‘McGoodwin v. 
Pw ee toate OG. WW, 41: 
City of Ashland v. Culbertson, 
Domo iowa n 10a WY.,.2013,.. 44 
Ss. W., 441. 

(4) This section is self-opera- 
tive and did not require legis- 
lation to give it effect. O’Ma- 
honey v. Bullock, 97 Ky., 774; 
Rte Phys liao So bles Wiss. & 

(5) Where cities had been au- 
thorized by legislation enacted 
prior to the Constitution to con- 
tract indebtedness, they had the 
power to make such contracts 
after the adoption of the Con- 
stitution, althoug hthe indeSt- 
edness exceeded the limits of 
this section «and section 158. 


appointment of. 


City of Lexington on appeal, 96 
KY eee Ona £6 1s 28" 85 Wi; 
665; Holzhauer v. City, 94 Ky., 
yO. Ori Les ae Os. Wa to es 

(6) A debt created, without 
the assent of the voters, by a 
city, and payable annually 
through a period of years, was in 
violation of this section if the 
total amount of it was more 
than the income for the year in 
which it was contracted, al- 
though the amount maturing 
each year could be paid by the 
income of that year. City v. 
MeKenna, 99 Ky., 508; 18 R., 
2OC peOUl Sa) Wii obo. beard Vv 
GR ere 1 IS Wot Do oes dae as 1.0.63 
24 S. W., 872; Knipper v. City, 
Peete Ocoee wl OO OK. LSE 5S 
S. W., 498; Ramsey v. City of 
Shelbyville, 119 Ky., 180; 26 
Py gees an woe WV, LLG, 

(7) The limitation in this sec- 
tion does not apply to necessary 
current expenses. Hopkins Co. v. 
Coal Co., 24 R., 942; 114 Ky., 
153; 70S. W., 289; and see Cov. 
& Cinn. Bridge Co. v. Davidson, 
S41 KY. 40 saben Ss. Wa,oo0. 

(8) Election officers to hold 
an election under thiis section— 
Fidelity Trust 
Co. v. Mayor, 96 Ky., 563; 16 R., 
647; 29 S. W., 442. 

(9) Courts will not interfere 
with levy of taxes within limita- 
tion of Constitution when prop- 
erly made. Mayfield W. Mills v. 
CUY? SeprealocosL Ly KYA Lie: 
61S. W., 43; McMerney v. Hule- 
GAGs LO WY Guia: oR eae: 
Pi aOVN hae heals 

(10) Full amount that can be 
raised by a levy is the test by 
which to determine whether or 
not the indebtedness exceeds the 
limit. The City of Providence 
v. The Providence Electric Light 
Coz. 28.H. LOLS: 91)-S.° W.,. 664. 

(11) ‘Indebtedness,’ meaning 


628 


PROVISIONS OF STATE CONSTITUTION. 





the taxable property therein, viz: For all towns or cities hav- 
ing a population of fifteen thousand or more, one dollar and 
fifty cents on the hundred dollars; for all towns or cities hav- 
ing less than fifteen thousand and not less than ten thousand, 
one dollar on the hundred dolars; for all towns or cities hav- 
ing less than ten thousand, seventy-five cents on the hundred. 


of word as used in this sec- 
tion—how amount of estimated. 
O’Bryan v. City, 24 R., 469; 
LES WY. (0802205. 6.6 Woe eos, 
and see Whaley v. Com., 23 R., 
1392321310 KYA ALO eee Lee 
AIH e 

(12) Indebtedness for any 
year can not exceed revenue for 
that year. Overall v. City of 
Madisonville, 31 R., 278; 102 S. 
W... 278: Harper Vv. Urtye OL 
Catlettsburg, 31 R., 293; 102 §S. 
W., 294; Town of Bardwell v. 
Harlin? TiS" shy seca eb ates 
1027. 80 (S82 SW. tT 37 and: See 
note (6). , 

(13) Indebtedness incurred 
prior to adoption of this Con- 
stitution—limitation in this sec- 
tion and sec. 158 as to amount 
of indebtedness not applicable 
to; Bank ¥.. Taylor’ Coy 268. RR: 
LASS 112 Ky 24S 6 het Was 
451. As to funding debt incurred 
prior to this Constitution, see 
Smith v. County, 104 Ky., 596; 
20K. 268 12S ele eee 
Gaulsert v. City, 30 R., 50; 97 
S. W., 342; Richmond Cem. Co. 
vy. Sullivan, 104 Ky., 723; 20 R., 
1028; 47 S. W., 1079; Mayfield 
WwW. Millis “vo. City, 72.2 "Kenko Cor 
VTL Ky Jie 61 Bo Weare. 

(14) Pleading in action to en- 
join coHection of tax because in 
excess of limitations in this sec- 
tion—sufficiency of. M. & L. T. 
P. v. Wiggins, 104 Ky., 540; 20 
R., 724; 47 S. W., 434; Sparks 
v. Robinson, 115 Ky., 453; 24 
Rie 2s00l 44 os Weel ee 

(15) School Tax. Trustees 
have no power to levy a tax for 
school purposes exceeding in one 
year the income provided for 
such year without the assent of 
two-thirds of the voters. Com. 





Ve EL &eONS RY Ree 10S yee 
20> Rey -LiZt. 28° Soo Woe ee 
Brown v. Board of Education, 
22 Kes 4835 108 ya eel ee 
S. W., 612; Arbuckle v. MecKin- 
néy, 30° R., 55; STS. wWeelvewe 
Board of Trustees v. Postell, 28. 
R., 37; 88 S. W., 1065; Howard 
v. Board of Trustees, 31 R., 399; 
102"S. Wao Loe . 

(16) Sections 157 and 158 
must be construed together, and 
although sec. 158 permits in cer- 
tain emergencies an increase in. 
the debt over the amount speci- 
fied in the section, in no event. 
can a debt be incurred in ex- 
cess of the income for the year 
unless the question is submitted 
to the voters. Knipper v. City,. 
22° Ht... 016. 109. Kye 18.7 eee 
W., 498. 

(17) Street improvements— 
local assessments for are not lim- 
ited by the provisions of this. 
section. Gosnell v. City, 104 
Ky.; 2013. 20; R.-5195 "46 Sea 
722; City of ‘Catlettsburg v. Self,. 
115 Ky. 669" 25 RR. L6h tae 
W., 1064. 

(18) Tax in excess of amount. 
permitted by this section is un- 
collectible as to the excess, but. 
so much of the tax as is within 
the limitation may be collected. 
Wihaley v. Com., 110 Ky., 154; 
23"R.) 12927 61S. We ae een 
see Sparks v. Robinson, 115 Ky., 
4533 24 Ri, 2336; °74"S> Wien, 

(19) The words “tax” and 
‘taxation’ refer to the usual and 
customary mode of providing 
putlic revenue, anid not to local 
assessments, such as street im- 
provements. Gosnell vy. City,. 
104° Ky., 201% 20 Ry 6192 20552 
Wa k22. 


PROVISIONS OF STATE CONSTITUTION. 629» 


dollars; and for counties and taxing districts, fifty cents on 
the hundred dollars, unless it should be necessary to enable such: 
city, town, county, or taxing district to pay the interest on, and 
provide a sinking fund for the extinction of indebtedness con- 
tracted before the adoption of this Constitution. No county,. 
city, town, taxing district, or other municipality, shall be au- 
thorized or permitted to become indebted, in any manner or’ 
for any purpose, to an amount exceeding, in any year, the in- 
come and revenue ‘provided for such year, without the assent 
of two-thirds of the voters thereof, voting at an election to be 
held for that purpose; and any indebtedness contracted in viola- 
tion of this section shall be void. Nor shall such contract be- 
enforceable by the person with whom made; nor shall such 
municipality ever be authorized to assume the same. 


§ 158. Indebtedness—limit of allowed—issual of bonds. The- 
respective cities, towns, counties, taxing districts and munici- 
palities shall not be authorized or permitted to incur indebted- 
ness to an amount, including existing indebtedness, in the ag- 
gregate exceeding the following named maximum percentages: 
on the value of the taxable property therein, to be estimated by 
the assessment next Lefore the last assessment previous to the: 
incurring of the indebtedness, viz: Cities of the first and sec- 
ond classes, and of the third class having a population exceeding’ 
fifteen thousand, ten per centum; cities of the third class hav- 


158. (1)- Construction and 
effect of section. Contracts 
made prior to the adoption of 
the Constitution not affected by 
this section. City of Lexington 
om appeal, 96 Ky., 258; 16 R., 
467; 28 S. W., 665; Warren v. 
Newport, 23 R., 1006; 64S. W., 
853; and see notes to sec 157. 

(2) When bonds are issued by 
a city for the purpose of taking 
up other outstanding bonds, the 
amount represented by them is 
not an increase of the city’s in- 


debtedness in the meaning of 
this section. Farson v. Board 
oer wom, §$T Ky 119%, 16° Ri, 
856; 30 S. W., 17; Bank v. Tay- 
IGeeConr2oo rs (148385 5112. Ky., 
245>°65" 8S. W.; 451° Com’rs: v. 
Zimmerman, 101 Ky., 432; 19 


R., 689> 41 8: Wi, 428; but an 
issue of bonds to fund an in- 
debtedness jis void as to the pre- 


mium received in excess of the 
amount necessary to fund the- 
debt, and ‘bonds issued to fund 
the debt should only bear inter- 
est from the date that the old. 
debt is canceled. Com. v. Zim- 
merman, 19° R.,7 689: 101 Ky., 
432; 41 S. W., 428; and the in- 
terest that must be paid on the- 
bonds issued is not to (be esti- 
mated as a part of the indested- 
ness. City of Ashland v. Cul- 
perteone “18t B iste: 105 Ky.,- 
161; 44 S. W., 441. 

(3) Bonds may be made pay- 
able in gold, although the act. 
authorizing their fissual is silent 
on the subject. Farson v. Board’ 
Ole OMI neyo Sy. 241 os rl’ RR: 
S507" 30 S.3wWe Le 

(4) The total amount of a 
debt contracted determines: 
whether it is or not in violation 
of this section, although certain: 


30° PROVISIONS OF STATE CONSTITUTION. 


ing a population of less than fifteen thousand, and cities and 
towns of the fourth class, five per centum; cities and towns of 
the fifth and sixth classes, three per centum; and counties, tax- 
ing districts and other municipalities, two per centum: Pro- 
vided, Any city, town, county, taxing district or other munici- 
pality may contract an indebtedness in excess of such limita- 
tions when the same has been authorized under laws in force 
prior to the adoption of this Constitution, or when necessary 
for the completion of and payment for a public improvement 
‘undertaken and not completed and paid for at the time of the 
adoption of this Constitution: And provided further, If, at 
‘the time of the adoption of this Constitution, the aggregate 
‘indebtedness, bonded or floating, of any city, town, county, tax- 
ing district or other municipality, including that which it has 
been or may be authorized to contract as herein provided, shall 
exceed the mit herein prescribed, then no such city or town 
‘shall be authorized or permitted to increase its indebtedness 
in an amount exceeding two per centum, and no such county, 
‘taxing district, or other municipality, in an amount exceeding 
one per centum, in the aggregate upon the value of the taxable 
‘property therein, to be ascertained as herein provided, until 
the aggregate of its indebtedness shall have been reduced below 
‘the limit herein fixed, and thereafter it shall not exceed the 
limit, unless in case of emergency, the public health or safety 
should so require. Nothing herein shall prevent the issue of 
renewal bonds, or bonds to fund the floating indebtedness of 
any city, town, county, taxing district or other municipality. 


§ 159. Tax levied to pay indebtedness—when debt must be 
‘paid. When any city, town, county, taxing district or other 





parts of the debt are payable 
annually for a series of years, 
until the entire debt is paid and 
the amount payable each year 
an ‘be met by the revenue of 
that year. Beard v. City, 95 Ky., 
209 5 DO Rigs d DO oe 4 Das, oO Les 
‘City v. McKenna, 99 Ky., 508; 
LS. Raf 288506 SAsve Wis LS ang 
gee notes to sec. 157. 

(5) Amount of indebtedness 
-—how estimated. O’Bryan v. 
City, 24 R., 469; 113 Ky., 680; 
68 S. W., 858; and see Whaley 
PVH AON coatat vega kee el oI 
154% 61 Sa Wi, 00. 

(6) This section and section 
157 must be construed together 
and the provisions of each made 


harmonious and effective. Knip- 
per vy. City, 109 Ky., 187; 22 R., 
67.:625°5.8 wSo° W284 983 

(7) Emergency tax for public 
health or safety. ‘Knipper v. 
City, 109 Ky., 187; 22. RasGne. 
OS .b) Wi; 498. 


§ 159. (1) Provisions not self- 
operative. Legislation is re- 
quired to make this section op- 
erative. Holtzhauer v. City of 
Newport, 94 Ky., 396; 15 R., 
TS See22 182 Wearbes 

(2) Sinking fund must be pro- 
vided in accordance with this 
section when a debt is created. 
O’Bryan v. City, 24 R., 469; 113 
Ky., 680; 68 S. W., 858. 


PROVISIONS OF STATE CONSTITUTION. 


63h 


municipality is authorized to contract an indebtedness, it shall 
be required, at the same time, to provide for the collection of 
an annual tax sufficient to pay the interest on said indebtedness, 
and to create a sinking fund for the payment of the principal 
thereof, within not more than forty years from the time of 


contracting the same. 


§ 160. Municipal officers—election and terms of office—. 
officers ineligible—‘‘fiscal officer.’’ The Mayor or Chief Execu- 
tive, Police Judges, members of legislative boards or councils of 


§ 160. (1) Board of Alder- 
men, under the authority con- 
ferred by sec. 2781, Ky. Stat., 
had jurisdiction to remove a 
person holding office as park 
commissioner. Gisbs v. Board 
of Aldermen, 99 Ky:, 490; 18 
Bitar? 36 SW. b24. 

(2) City Councilmen in cities 
of the first class hold their of- 
fice for two years, and sec. 2768 
of the Ky. Stat., so declaring, is 
constitutional. MeDermott  v. 
Try nes NY .20.0 2 1 Re GL 32 
a WV as 204. 

(3) Election of Councilmen 
by wards in cities of the fourth 
class is permissible under this 
section. Brown v. Holland, 97 
ever sa ol ha: L495; 600... W,, 
629; and court will not interfere 
with action of Council in dis- 
tricting city, Moore v. City of 
Georgetown, 32 R., 3238; 105 S. 
W., 905. 

(4) Mayor in ities of (the 
fourth class may be elected by 
the people or appointed by the 
Council, as may be provided by 
ordinances enacted wunder au- 
thority of sec. 3484, Ky. Stat. 
Brown v. Holland, 97 Ky., 249; 
Sf te, 140980 SW iy. 629, 

(5) Officers of cities—deci- 
sions under Old Constitution. 
Constitution of 1850, article 4, 
section 49, was held to relate to 
police courts in towns and cities 
in existence at the time of the 
adoption of the Constitution. 
And article 6, section 6, was in- 
tended to refer to officers of 
towns and cities whose offices 
may be created by law after the 


adoption of the Constitution. 
Trustees of Owensboro v. Webb,. 
2 Met., 576; Speed v. Crawford, 

3Met., 207. Any officer charg- 
ed with duties pertaining to a. 
city or town government, as diis- 
tinguished from a State, county 
or district officer, was held to 
be an officer of the city or town. 
within the meaning of section 6,. 
article 6; such as judges of city 
or town courts. But their elec- 
tion was held not to apply to 
commissioners for the city of 
Louisville and Jefferson county, 
for they are both city and county 
officers. Police Commissioners v. 
City of Louisville, 3 Bush 597; 
“An act to create the Newport. 
Fire and Police District,’ etc.,.. 
and authorizing the appointment. 
of three fire and police commis- 
sioners by the county judge, was: 
a violation of article 6, section 
6. Ader v. City of Newport, 9 
Ri, F485)-6- SW} 577. 

(6) Police judges in cities of 
the fourth class may be elected 
or appointed by the Council, and 
under section 3511, Ky. Stat., 
prescrising the qualifications of 
police judges, a person is eligi- 
ble to the office, although he is. 
not a qualified elector of the city. 
Bovdev land 287 Ky Bh Sse 7 
Ree CO SU PONV cet OL Oe 

(7) Removal of municipal of- 


ficers. The {provision {in tthis- 
section that the Legislature 
“shall prescribe the -qualifica- 


tions of all officers in cities and 
towns, and the manner in and 
eause for, which they may be 
removed,’ applies to all officers: 


G32 PROVISIONS OF STATE CONSTITUTION. 


towns and cities shall be elected by the qualified voters thereof: 
‘Provided, The Mayor or Chief Executive and Police Judges of 
the towns of the fourth,. fifth and sixth classes may be ap- 
pointed or elected as provided by law. The terms of office of 
Mayors or Chief Executives and Police Judges shall be four 
years, and until their successors shall be qualified; and of mem- 
bers of legislative boards, two years. When any city of the 
first or second elass is divided into wards or districts, members 
of legislative boards shall be elected at large by the qualified 
voters of said city, but so selected that an equal proportion 
‘thereof shall reside in each of the said wards or districts; but 
when in any city of the first, second or third class, there are 
‘two legislative boards, the less numerous shall be selected from 
and elected by the voters at large of said city; but other officers 
of towns or cities shall be elected by the qualified voters there- 
‘In, or appointed by the local authorities thereof, as the General 
Assembly may, by a general law, provide; but when elected by 
the voters of a town or city, their terms of office shall be four 
years, and until their successors shall be qualified. No Mayor 
or Chief Executive or fiscal officer of any city of the first or 
‘second class, after the expiration of the term of office to which 
‘he has been elected under this Constitution, shall be eligible for 
the succeeding term. ‘‘Fiscal Officer’’ shall not include an. 
Auditor or Assessor, or any other officer whose chief duty is not 
the collection or holding of public moneys. The General As- 
‘sembly shall prescribe the qualifications of all officers of towns 
and cities, the manner in and causes for which they may be 
removed from office, and how vacancies in such offices may be 
filled. (See §147 and 148 and notes.) 


of cities and towns, whether cre- 
ated by the Constitution or the 
‘Legislature, and under sections 
2781, 2794 of the Ky Stat., the 
Mayor of cities of the first class 
thas not the power to arbitrarily 
remove officers appointed for a 
definite term; good cause must 
‘be assigned, and an oportunity 
for defense allowed. Todd v. 
Dunlap, 99 Ky., 1449; 18 -R., 
329; 3678.) W., 4641. 

(8) Term fixed in this section 
during which elective officers 
shall hold their office does not 
apply to officers elected under 
old charters, but only to those 


elected under the general laws 
enacted to give effect to this 
Constitution. City v. Wilson, 97 
Ky., 707; L7OR., 4855931957 
471. 

(9) Vacancy in city office. 
This section is to be construed 
in connection with section 152, 
and therefore vacancies in the 
city offices can not be filled for 
a longer time than is provided 
in that section. Shelly v. McCul- 
lough: 97  Ky?;" 864: > 17 Wane: 
30 S. W., 193; Todd v. Johnson, 
99 Ky., 548; (18 R..938543 43698, 
W., 987. 


PROVISIONS OF STATE CONSTITUTION. 29D 





§ 161. Compensation—extension of term. The compensa- 
sation of any city, county, town, or municipal officer shall not 
be changed after his election or appointment, or during his 
term of office; nor shall the term of any such officer be ex- 
tended beyond the period for which he may have been elected 


or appointed. (See § 235.) 


§ 162. Contracts unauthorized by law invalid. No county, 
eity, town or other municipality shall ever be authorized or 
permitted to pay any claim created against it, under any agree- 
ment or contract made without express authority of law, and 
all such unauthorized agreements or contracts shall be null and 


void. 


§ 163. Streets not to be taken by private corporation with- 
out consent—exception. No street railway, gas, water, steam 
heating, telephone, or electric light company, within a city or 


161. (1) Application of sec- 
tion. This section only applies 
to officers whose terms are fixed 
by law, and does not apply to 
policemen .who hold office at the 
pleasure of a board. City v. Ren- 
tue eO haley. 7.795220 R., 1609; 
49 S. W., 787; City v. Thomp- 
eon, 24 R., 384; 24 R., 1998; 72 
SW, 316. 

(2) Compensation of an of- 
ficer can not be changed during 
his term, but where the com- 
pensation is not fixed when he 
takes ‘office, it may afterwards 
be, and when so fixed can not 
be changed during this term. 
City v. Wilson, 99 Ky., 598; 18 
R., 427; 36 S. ‘W., 944; Piercy 
v. Smiith, 117 Ky., 990; 25 R., 
2158; 80S. W., 201; McNew v. 
Gonmenta, sh., 640; 593 Ss. W., 
1047; McNew v. Nicholas Co., 30 
47; 100 S.2W., 324; Me- 
Cracken Co. v.'Reed, 31 R., 31; 
101. 5. AWV., «3248; Spalding v. 
Thornburg, 31 R., 738; 103 S. 
W., 291; nor can it be indiirect- 
ly changed. Thomas v. Hagar, 
Poe 1 y. £4265) 277 R:, (813: 586 
S. W., 969; Slayton v. Rogers, 
Ba ok., 9898; sbO7 «Ss. W., 696. 
Salary may *%e fixed after officer 
is elected. Marion Co. v. Kelly, 
Romie bi eee PL IY. Sols: .b6 


5. W.,- 815; sBarrett v. City, 109 
Ky., 151; 58 S. W., 520; Jeffer- 
son Co. v. Waters, 114 Ky., 48; 
24 iR., 816; 70 -S. W., -40; Board 
of Ed. v. Moore, 114 Ky., 640; 
24 R., 1478; 71 8. W., 621; But- 
ler’CGo. vi James, 116°Ky., 575; 
25 Rs °801;, Z6°5.°W.,. 402: 

(3) Circuit clerks in office 
when act allowing $5 fee in fel- 
ony cases passed are not entitled 
to its benefits, as it changed 
their compensation. . Bright v. 
Stone, 20 R., 817;-43.S. W:, 207. 

(4) Officers—who are, in the 
meaning of this section. City 
v. Wilson, 99 Ky., 598; 36S. W., 
944; 18 R., 427; Lowry v. City, 
247 Rs, P16: 


§ 162. Void contract. Ordi- 
nance allowing Police Judge ‘his 
fees against persons who worked 
out their fines and making same 
payable by city is in violation of 
this section and sec. 3528, Ky. 
Stat. Wadsworth v. City, 24 R., 
SL2 96S SAW. 3 OL, 


§ 163. (1) Application of sec- 
tion. It does not apply to grants 
made before adoption of this 
Constitution, under which work 
has been commenced. L. & N. 
R. R. v. Bowling Green R. Co., 


654 


—_— 





PROVISIONS OF STATE CONSTITUTION. 





town, shall be permitted or authorized to construct its tracks, 
lay its pipes or mains, or erect its poles, posts or other apparatus 
along, over, under or across the streets, alleys or public grounds 
of a city or town, without the consent of the proper legislative 
bodies or boards of such city or town being first obtained ; but 
when charters have been heretofore granted conferring such 
rights, and work has in good faith been begun thereunder, the 
provisions of this section shall not apply. 


§ 164. Franchise or privilege not to be granted for longer 
than twenty years—sale of—exception. No county, city, town, 
taxing district or other: municipality shall be authorized or per- 
mitted to grant any franchise or privilege, or make any contract 


in reference thereto, for a term exceeding twenty years. 


Be- 


fore granting such franchise or privilege for a term of years, 
such municipality shall first, after due advertisement, receive 








BO EG Ts OO On OWN ee fa Le Ves 
Lou Water Co., 20 R., 1529; 105 
Ky., 754; 49 S. W., 766. 

(2) A company that takes pos- 
session of a street for any pur- 
pose mentioned in this section 
without ‘having first obtained 
consent from the proper authori- 
ties is a trespasser. The only ex- 
ception to this rule is contained 


in last clause of section. East 
TLent.a eh. GOO) hy, Olly, wagers 
3002 BLOG eK £66725 b Loe We, 


308; Hast Tenn. Tel. Co, v. An- 
derson Co., 115 Ky., 488; 24 R., 
2358; 74.8. W.,4 2183) Rough 
River Tel. Co. v. Cumberland 
LGl, WOOL daw) Veo Otaoe ee bees 
32; 84 S. W., 517; Maraman v. 
Ohio Tel. .Co.)) 25-Re 4Sas 7 Ses. 
W., 898) Hast.Tenn: Tel. Co.,, ‘v. 
Anderson Co., 22 R., 418; 57 S. 
W., 457; Merchants’ Police Tel. 
GonVv.cCltizens, Tels Cor oZo.ehi, 
512; 93 S. W., 642; Rural Home 
Tel Cow ¥i (K.& Tale Cogs 


Bids Oe ck Oe 55 ae ng ad alas 
§ 164. (1) Construction of 
section. This section became 


‘’ operative upon the adoption of 
the Constitution, and a grant of 
a franchise to a water company 
by a city without a compliance 
with the provisions of this sec- 
toin was void. Nicholasville v. 


Board of Council, 18 R., 592; 36 
S. We; 54959 38.85 Wa e0 rea 
see Monarch v. Owensboro R. R., 
119 Ky, 939° 275R2,86RR eeu. 
W., 1938; City of Providence v. 
Providence Electric Light Co., 28 
R.,'1015; 91°58) W., 66425 irank 
fort Tel. Co. v. Common Coun- 
cil, 30. R., 885; L00; 8:5 Were ace 
Cum. T. & T. Co. v. City of Hick- 
mal, °3o-, ks, > 1 1 eee 
311, and note (2), sec. 163. 

(2) Grant of a franchise for 2 
term of twenty years, to begin at 
a future date, is in violation of 
this section. City v. Smith, 105 
Ky., 678; 20 R.; 14885 49.5) Wey 
456; and see Keith v. Johnson, 
22 R., 947; 109 Kyi 42iee poe 
W., 487; Merchants’ Police Tel. 
Co. v. Citizens’ Tél. Co., 29 R., 
512;°98 S..W., 6423 Hilliard, 
Fetter Lighting & Heating Co., 
31 R., 13303579105 Si Wee 

(3) ‘**Highest and best bidder’” 
—words mandatory — definition 
of Keith v. Johnson, 22 R.,- 947; 
109 Ky., 4213 59°(Se Wwe 
Monarch v. Owensboro City R. 
R: .Co., 119 “Ky,” 9b9seee ee 
3803.86 Sa w.;° 198: 

(4) Right to exclude competi- 
tion to prevent a monopoly. 
Stites v. Morton, 31 R., 263; 108 
SW, 1189. 





. PROVISIONS OF STATE CONSTITUTION. 635 


bids therefor publicly, and award the same to the highest and 
best bidder; but it shall have the right to reject any or all 
bids. This section shall not apply to a trunk railway. 


§ 165. Incompatible offices. No person shall, at the same 
time, be a State officer or a deputy officer, or member of the 
General Assembly, and an officer of any county, city, 
town, or other municipality, or an employe thereof; 
and no person shall, at the same time, fill two munici- 
pal offices, either in the same or different munici- 
palities, except as may be otherwise provided in this Constitu- 
tion; but a Notary Public, or an officer of the militia, shall not 
be ineligible to hold any other office mentioned in this section. 


§ 166. Expiration of charters in force when Constitution 
took effect. All acts of incorporation of cities and towns here- 
tofore granted, and all members thereto, except as provided in 
section one hundred and sixty-seven, shall continue in force un- 
der this Constitution, and all City and Police Courts established 
in any city or town shall remain, with their present powers and 
jurisdictions, until such time as the General Assembly shali 
provide by general laws for the government of towns and cities, 
and the officers and courts thereof; but not longer than four 
years frum and after the first day of January, one thousand 
eight hundred and ninety-one, within which time the General 
Assembly shall provide by general laws for the government of 
towns and cities, and the officers and courts thereof, as provided 
in this Constitution. 


§ 167. Terms of officers elected under old charter—when 
officers to be elected—Police Judges. All city and town officers 
in this State shall be elected or appointed as provided in the 


§ 165. Incompatible offices. A 
master commissioner is not a 
State officer or a deputy State 
officer in the meaning of this 
section. Goodloe v. Fox, 96 Ky., 
Sow eLorive O0ai0 ao 6. W., 433. 
The office of deputy sheriff is 
incompatible with the office of 
city collector. Keating v. City, 
Sit. 246; 3578.) W., 1026. 


§ 166. Charters in existence 
prior to the Constitution. This 
section provides for the contin- 
uation of existing laws. In the 
meantime, the existing govern- 
mental regulations of cities and 





towns must remain in force. 
Their present charters and 
amended charters must, for the 
present, suffice. Holtzhauer v. 
City of Newport, 94 Ky., 39#; 15 
Bay keane geoie Weta Dryie 
v. City of Govington, 15 R., 33; 
21S. W., 1050. 


§ 167. Cases construing this 
section. Johnson v. Wilson, 95 
Ky 4 os Gelso as: 2b. SW ss 
105755 Boyd) v. Land; 97 Ky., 
POL daseae ae U/W EOLOS 
Tevis v. Rice, 97 Ky., 528; 30 8S. 
Wie 02 bes Vie Ry 500 5 Jones vz 
Wilshire.) 9S. Mey. 205 97s. 27 Re 


636 PROVISIONS OF STATE CONSTITUTION. 
charter of each respective town and city, until the general elec- 
tion in November, 1893, and until their successors shall be 
elected and qualified, at which time the terms of all such officers. 
shall expire; and at that election, and thereafter as their terms 
of office may expire, all officers required to be elected in cities 
and towns by this Constitution, or by general laws enacted in 
conformity to its provisions, shall be elected at the general elec- 
tions in November, but only in the odd years, except members. 
of municipal legislative boards, who may be elected either in 
the even or odd years, or part in the even and part in the odd 
years: Provided, That the terms of office of Police Judges, who 
were elected for four years at the August election, eighteen 
hundred and ninety, shall expire August thirty-first, eighteen. 
hundred and ninety-four, and the terms of Police Judges elected 
in November, eighteen hundred and ninety-three, shall begin 
September first, eighteen hundred and ninety-four, and con- 
tinue until the November election, eighteen hundred and ninety- 
seven, and until their successors are elected and qualified. 


§ 168. Penalty for violation of municipal ordinance—bar. 
No municipal ordinance shall fix a penalty for a violation 
thereof at less than that imposed by statute for the same of- 








989; 33 s. W., 199; Lafferty v- (2) Conviction under an ordi- 


Havitmany; 99s ys S05; Tes, Lig 
35 8, W., 123; Goodloe v. Fox, 
96 Kyi Glide Le Rial os weeoue: 
W... -4833>City. vic Wilson: $7 Ky, 
TUt tt Kh 4005: Ol. Wane he 
City v. Elmore, 100 Ky., 417; 18 
R., 909; 38 S. W., 849; Jackson 
Vv. City; 22cR.,. 942 6 8 SAW 504: 


§ 168. (1) City ordinance can 
not fix a less penalty for an of- 
fense denounced by statute than 
is imposed by the statute, but 
may fix a greater penalty, and 
for a common law offense may 
fix a less penalty than that pre- 
scribed by the common 1]aw. 
City v. Sparks, 99 Ky., 351; 18 
Ri 260s S608 5 Wa se CIE eave 
Simms, 99 Ky., 49; 17 R., 1393; 
34 S. W., 1085; Taylor v. Com., 
SSK ys acts. bi B., .ob08" Senn: 
W., 948; and see further unim- 
portant cases of Orme v., Com., 
2h Ry, E428 bbe. Se Wee loos 
Mullins v. City, 23 R., 436; 63 
S. W., 475. 


nance in a police court for an 
offense not punishable by stat- 
ute—such as nuisance—does not 
bar a conviction for the same of- 
fense in the Circuit Court under 
an indictment. Respess v. Com., 
2D Ry 789s PSUS. Why aa 
Ky., 1389; Bhrilick v. Com. 273 
Ky.) 818) 26 Re -74 082 eho 
440. 

(3) Disorderly conduct tis not 
the same offense as a breach of 
the peace, and an ordinance may 
fix a less penalty for it than is 
fixed by statute for a breach of 
the peace. City v. Holly ,108 
Ky.,:621; 22. Ri, 6083507 pean 
491. 

(4) Ordinance local in its 
character—such as one that im- 
poses a penalty on persons ped- 
dling without license—is not 
violative of this section, because. 
it fixes the time at less than that 
imposed by statute for the same 
offense, nor is a conviction under 
it a bar to prosecution by indict- 


PROVISIONS OF STATH CONSTITUTION. 





fense. 


A conviction or acquittal under either shall constitute 


a bar to another prosecution for the same offense. 


REVENUE AND TAXATION. 


§ 170. Property exempt-cities may exempt manufactories. 
There shall be exempt from taxation public property used for 
public purposes; places actually used for religious worship, 


ment. City v. Hecklinger, 103 
My.s orl. 20 R., 74> 45.85. W., 
358; Com. v. City of Flemings- 
ume; SOGR. 1170: 100 S. W., 
333; (Crosdale v. City of Cyn- 
tptana, 21°R.,36;.50:S. wW., 977. 

(5) Ordinance fixing a /ess 
penalty than provided by statute 
for the same offense is void. 
Kehr v. Com., 26 R., 1234; 83 
5. W., 633. 


§ 170. (1) Construction of sec- 
tion. Acts held to be unconsti- 
tutional. Barbour v. Louisville 
Board of Trade, 82 Ky., 645; 6 
R., 769; Com. v. Masonic Tem- 
Mieeeo fay key !,3495 20: KR. 325; 
8 S. W., 699; Clark v. Louisville 
Water Co., 90 Ky., 515; 12 R., 


309; 14.'S.. W:, 502; Com. -v. 
McKibben, 90 Ky., 384; 14 S. 
Mooi 2s L20R,, 474; City -v. 


Belleview Water Co., 24 R., 194; 
68 S. W., 142. Act exempting 
an orphans’ home from taxation 
held to be valid. Zable.v. Louis- 
ville Baptist Orphans’ Home, 92 
Pores 1 2°R,, 3853.17 S. Wa, 
212. Statute exempting property 
of the institution so long as oc- 
cupied for the purposes of its or- 
ganization does not exempt prop- 
erty rented out; althought the 
rents may be applied to such 
purposes. City of Louisville v. 
Board of Trade, 90 Ky., 409; 12 
R., 397; 14 8S. W., 408. These 
cases construed acts passed ‘be- 
fore adoption of this Constitu- 
tion. Under this Constitution 
the court held in City v. Com., 
ijn, 1055 39 8: W., 836, that 
water works erected by the city 
of Covington, although  ex- 
empted from taxation by special 


public 


act, were subject to county and 
state taxation, deciding that 
the words ‘“puSslic property’’ 
means property used for govern- 
mental purposes, and that prop- 
erty such as water works, adapt- 
ed and used for profit or con- 
venience of the citizens individ- 
ually or collectively, was not 
property, following the 
Mine 9 In soit Ve. Cams a 
Duv., 295; to the same ef- 
fect is Negley v. City, 21 R., 
1394;.55 S: W., 554; Board of 
Councilmen v. Com., 26 R., 9575 
82 S. W. 1008; but in Board of 
Councilmen v. Com., 29 R., 699; 
82 S. W., 368; the City v. Com., 
LOGRS W159 38 sSaiws 83 6s Vand 
the cases that followed it were 
overruled and the right of ex- 
emption extended to property 
used for public purposes and this 
ease has been followed in Com. 
Vo City. 232 woeesa te TORS AIWG, 
Pips 

(2) In Trustees of Orphan 
School v. City, 100 Ky., 470; 19 
Ba SOS) AS52625" Wad 21, 
an orphan school, the primary 
object of which is to educate or- 
phans, is held to be an institution 
of ‘“‘purely puslic charity,” al- 
though pay pupils are admitted, 
and its exemption includes its 
endowments, as well as real es- 
tate owned in a distant city. In 
City of Louisville v. Southern 
Baptist Seminary, 100 Ky., 506; 
19. Ry ih O0. 1S6)7S.2W.2739:95; 2 
seminary established for the pur- 
pose of furnishing, free of 
charge, education to young men 
preparing for the ministry, is 
held to be an institution of 
‘purely public charity,” although 


638 


PROVISIONS OF STATE CONSTITUTION. 





with the grounds attached thereto and used and appurtenant to 
the house of worship, not exceeding one-half acre in cities or 
towns, and not exceeding two acres in the country; places of 
burial not held for private or corporate profit, institutions of 


its organization and management 
is under private and denomina- 
tional control. And in the City 
of Louisville v. Board of Trus- 
tees,-100 Ky: 6183:.19- R. 1102: 
36 S. W., 994, it is held that in- 
stitutions of learning, where an 
education is furnished free or at 
a nominal] price, are exempt; and 
see further on the subject of ex- 
emption of institutions of vari- 
ous kinds, Com. v. Gray, 115 Ky., 
665225 (Rabe aie SS Warez 
Louisville College of Pharmacy 
We Molly ae 0.5, US nee eo Vee 
610; Com. v. Pollitt, 25 R., 790; 
1G Wi 4122 Morton vy. City 
of Louisville, 118 Ky., 836; 26 
R., 846; 82 S. W.; 621; German 
Gymnastic Asso. v. Com., 117 
Kyi7/9583°250R., 2006" Seis wi, 
201; Com. v. Thomas, 119 Ky., 
208;3'26- Ri 1 L28 83°S)- W., O72; 
Com. v. Trustees of Hamilton 
College, 30 R., 1338; 101 S$. W., 
405. 

(3) Cemetery companies— 
taxation of. See Com. v. Lex 
Cem. Co., 24 R., 924; 114 Ky.. 
165 3.07 08s “Wi 260: 

(4) Chautauqua grounds, the 
proceeds from which go to meet 
the expenses of the organization, 
is not exempt from taxafion. 
Bosworth v. Ky. Chautauqua, 23 
RS s398 2 IO Kye Lb 6b ae 
W., 602. 

(5) Christian association—ex- 
empt.. 116 Ky,joa71l; 25 #., 
940; 76S, W.,°522- 

(6) Infirmaries and hospitals. 
Wathen v. City of Louisville, 27 
Ri 636235 SAWS: 

(7) Manufacturing p/jants— 
exemption of from taxation oOuwly 
allowable as an inducement to 
their location, and does not ap- 
ply to plants already establish- 
ed. (City of New South K. & TI. 
Oo! e2he Roesch 3 2c USK, ab 
56 S. W., 427; and see Conti- 


nental Tobacco Co. v. City of 
Louisville, 29 R., 616; 94 S. W., 
11; Mengel Box Co. v. City of 
Louisville, 117 Ky.; T3833 200i 
1861; 79 -S. .W;-255. 

(8) Masonic Temple property 
used and enjoyed only by mem- 
bers of the Masonic order is not 
a ‘purely public charity,’ and is 
subject to taxation. City v. Ma- 
sonic Temple Ass’n 21 R., 1785; 
56 S. W., 405; Same v. Same, 
103 Ky., 692; 20 R:) 2665°46°8: 
W.; S815°46'°S. W., 68 

(9) Municipal and State prop- 
erty owned by and used exclu- 
sively for municipal purposes is 
exempt from taxation. City v. 
Com., 20 R., 1281; 105 Ky.) 3442 
49 §. W., 320; but this exemption 
does not apply to assessments 
made for street improvements; 
119 Ky.; 603s) 27 Ri, 1 Ao eee 
W556: 

(10) Odd Feflows’ Widows’ 
and Orphans’ Home is exempt. 
Widows’ and Orphans’ Home vy. 


Com.,;(31°R., T7b; e0sssacme ee 
354. 
(11) Parsonage located on 


same lot as church is not exempt 
from taxation when it is rented, 
although the rent is paid to the 


pastor of the church. Broadway 
Church” v~ Com:) 23° 7Ris oon. 
112° Ky., 4483) 66-830 Weeaee 


City of Louisville v. Werne, 25 
R., 2196; 80 S. W., 224. 

(12) Property exempt from 
assessment may be seized and 
sold to pay taxes due by owner. 
Reams v. McHangue, 23 R., 540; 
111 Ky.,°163; 63.5. Weesa8 

(13) Special acts exempting 
property in district from _ cer- 
tain kinds of taxation were re- 
pealed by this Constitution. 
Campbell Co. v. N. & C. Bridge 
Co., 23°R 2056t7112 Kya ao 
66S, W;, *526: 


PROVISIONS OF STATHD CONSTITUTION. 639 


purely public charity, and institutions of education not used 
or employed for gain by any person or corporation, and the 
income of which is devoted solely to the cause of education ; 
publie libraries, their endowments, and the income of such 
property as is used exclusively for their maintenance; all par- 
sonages or residences owned by any religious society, and 
occupied as a home, and for no other purpose, by the minister 
of any religion, with not exceeding one-half acre of ground in 
towns and cities and two acres of ground in the country appur. 
tenant thereto; household goods and other personal property 
of a person with a family, not exceeding two hundred and fifty 
dollars in value; crops grown in the year in which the assess- 
ment is made, and in the hands of the producer; and all laws 
exempting or commuting property from taxation other than 
the property above mentioned shall be void. The General As- 
sembly may authorize any incorporated city or town to exempt 
manufacturing establishments from municipal taxation, for a 
period not exceeding five years, as an inducement to their loca- 
tion. (See § 3, and notes.) 


§ 179. County or municipality not to become stockholder in 
corporation or lend its credit—exceptions. The General Assem- 
bly shall not authorize any county or subdivision thereof, city, 
town, or incorporated district, to become a stockholder in any 
company, association or corporation, or to obtain or appropriate 
money for, or to loan its credit to, any corporation, association 
or individual, except for the purpose of constructing or main- 
taining bridges, turnpike roads, or gravel roads: Provided, If 
any municipal corporation shall offer to the Commonwealth any 
property or money for locating or building a Capitol, and the 
Commonwealth accepts such offer, the corporation may comply 
with the offer. 





section. M. & L. 
Wiggins, 104 Ky., 540; 


Tere Coie ve 
DOM Roe 


§$ 179. (1) Construction of sec- 
tion. City of Lexington author- 


ized Sy sec. 3058, Ky. Stat., to 
donate money to erect State 
Houses of Reform. Board of 
Trustees v. City, 23 R., 1470; 
Hieemteyed 2) 4 GOS. W.,. oD Oe 

(2) Purchase of turnpike by 
county is not a violation of this 


724; 47 S .W., 434. 

(3) Subscription to stock in 
railroad by county is prohibited 
by this section. Whitney v. The 
Ky. Midland R. Co., 23 R., 472; 
110 Ky.) 955; 63 S. W., 24. 


640 


PROVISIONS OF STATE CONSTITUTION. 


§ 180. Poll tax—limit of—what law or ordinance levying 
tax shall specify. The General Assembly may authorize the 
counties, cities or towns to levy a poll tax not exceeding one 
dollar and fifty cents per head. Every act enacted by the Gen- 
eral Assembly, and every ordinance and resolution passed by 
any county, city, town, or municipal board or local legislative 
body, levying a tax, shall specify distinctly the purpose for 
which said tax is levied, and no tax levied and collected for 
one purpose shall ever be devoted to another purpose. 


e 


fees and other taxes. 


§ 181. Legislature to confer power to levy taxes—license 
The General Assembly shall not impose 


taxes for the purpose of any county, city, town or other munici- 


§ 180. (1) Fiscal Court—Or- 
der levying tax must specify 
purpose. Com. v. U. S. F. & G. 
Co.,.. 28 R:, 362: -89: Ss -W.,.251; 
Pulaski Co. v. Watson, 106 Ky., 
500%) 2ZbURE-6 AO Ss SW ee 
Cahileyv.. Perrine, 105, Ky. 5315 
20 R., 1454; 49 S. W., 344. 

(2) Graded school—tax lev- 
ied for benefit of by Board of 
Education or Trustees, must 
specify purpose of tax. U.S. F. 
& G. Co. v. Board of Education, 
118) Kyz, 855 3: 2:67 Ri, 2463 80-8. 
W:,, L191. 

(3) License fee—is not a tax 
in meaning of this section. 
Seyars v. Hamilton, 29, R., 127; 
92 S. W., 564; Brown-Forman 
Cotuvir Conte. 306 Rs ose 08: 
W., 321. 

(4) Ordinance levying tax 
must specify purpose. City Vv. 
Somerset Bkg. Co., 22 R., 1129; 
60 S. W., 5; Bureh v. City, 18 
RR. 284; -36°8.. We, 123. Towne Vi 
Eversole, 29 R., 830; 96 S. W., 
478; City of Louisville v. Button, 
260 R.; 666; &2-S20W., 293%. C6.°& 
On:& SS. We RS Cor vie Comin 33 
hae * $21° 8% We, eds 

(5) Poll tax levied for county 
purposes may be collected from 
the citizens of a town that has 
also a po]jl tax for municipal pur- 





poses. Short v. Bartlett, 24 R., 
G3 22S Val yea et OW eee i oe 
2838. 


(6) Surplus taxes collected by 
a county, when the purpose for 


which the tax was collected thas 
been accomplished, become a 
part of the general fund of the 
ccunty available for county pur- 
poses. Field v. Stroube, 19 R., 
L76T3° 1038 Ky, Lid 425s a 
363. Where the collection of 
the tax due iby a tax-payer to pay 
bonds is delayed unti] the bonds 
are paid, he can be required to 
pay the tax that he should have 
paid. Wathen vy. Young, 103 
Ky!, 36; 19° Ry 1678) 4495 we 
Lis: 

(7) Tax levied. for school pur- 
poses can not se used to estab- 
ligh a free library. Board of 
Education v. Board of Trustees, 
24 R:,. 983 118) Kyl, 238235 Geos 
W., 10; Board of Trustees v. 
Board of Education, 25 R., 341; 
ToS: Ws 225- 

(8) Taxing district—levying 
tax must specify purpose. Car- 
penter v. Town of Central Cov., 
119. Ky., 7853) 26. Ri, 4808F 8iees 
W., 980% 

§ 181. (1) Double taxation— 
when imposition of license tax 
is. Standard Oil Co. v. Com. 
119 Ky, 75; 25) R., 9853 032en. 
W., 1020; and see City of Louis- 
ville v. Louisville R. W. Co., 118 
Ky., 534326 -R.,. 318% S125 cee 
701; Cumberland Tel Co. v. 
Hopkins, 28. R., 846;° 90°89 Wee 
594, 

(2) Legislature can not im- 
pose taxes on municipalities for 
purely local concerns, but may 


PROVISIONS OF STA TE CONSTITUTION. 


64f 


pal corporation, but may, by general laws, confer on the proper 
authorities thereof, respectively, the power to assess and collect: 
such taxes. The General Assembly may, by general laws only,. 
provide for the payment of license fees on franchises, stock 
used for breeding purposes, the various trades, occupations and. 
professions, or a special or excise tax; and may, by general 
laws, delegate the power to counties, towns, cities, and other 
municipal corporations, to impose and collect leense fees om 
stock used for breeding purposes, on franchises, trades, oceupa- 
tions and professions. 


In 1902 the General Assembly authorized the submission of 
the following amendment to this section and the amendment: 
was adopted by the people at the polls: 

The General Assembly shall not impose taxes for the pur— 
poses of any county, city, town or other municipal corporation,. 
but may, by general laws, confer on the proper authorities: 
thereof, respectively, the power to assess and collect taxes. The- 
General Assembly may, by general laws only, provide for the 
payment of license fees on franchises, stock used for breeding 
purposes, the various trades, occupations and professions, or @. 


authorize them to impose such 


taxes. McDonald v. City, 24 R., 
eae bor ey 426% 6S" So W., 
#127 


(3) License tax may be impos- 
ed by cities upon professions and 
occupations. Elliott v. City of 
Louisville, 19 R., 414; 101 Ky., 
262; 40 S. W., 690; Burch. v. 
City of Owensboro, 18 R., 284; 
36 S. W., 12; Hall v. Com., 19 
Peer o.5LU1 Ky, 3823 4178) W., 
mecoaker: Vv. City, 21: .R., «809; 
Fidelity Co. v. City, 20 R., 1785; 
Mey 207 5 5D SS. Wo odbs 
City of Covington v. Herzog, 116 
Ky., 725; 25 R., 938; Southern 
B. & L. Ags’n v. Norman, 98 Ky., 
Peete the SST) oat Sie W. 952. 
A druggist may ‘be required to 
pay a license to sell liquor as a 
medicine. Com. v. Fowler, 96 
Wee eG, 16°R:, 360: 28 Si W., 
786; and an ordinance imposing 
a tax upon vehicles let for hire 
is valid. City of Covington v. 
Woods, 98 Ky., 344; 17 R., 927; 
33 S. W., 84; Wilson v. City, 20 
R., 1593, 1980; 49 S. W., 806; 
SO? Bean, “SS4- e105 Kyy765;5 


but a license tax can not be im- 
posed as a substitute for an ad- 
valorem tax, but may ‘be levied: 
as an addition to it. Levi v. 
City of Louisville, 97 Ky., 394:3. 
TG. EU Se ailaeye to Uae NV cy. oS es 
see amendment to this section. 

(4) Peddlers—license tax may 
be imposed upon by cities. 
West v. City, 23 R., 1670; 65 S. 
W., 120; City of Carlisle v. 
Hechinger, 108 Ky., 381; 20 R., 
74; 45 S. W., 358; Crasdale v. 
City. 2... corso SS. W., OTT. 
(5) Substitution of license tax. 
for ad-valorem as authorized by” 
amendment to this section. See 
Sehuster v. City of Louisville, 2&-. 
R., 588;- 89 S. W., 689; Wiemer 
v. Com’rs Sinking Fund, 30 R.,. 
523; 99 S. W., 242. 

(6) Trades, occupations and 
business may be taxed, but tax. _ 
must be uniform. Brown-For- 


man’ Goji vi -Com:, 30? Ri, T93> 
101 S. W., 321; Strater Bros 
Tobacco Co. v. Com., 117 Ky... 


6044! 22 RAVER STS S. WwW GF 8a is 
Hagar v. Walker, 32 R., 748 
107 So W254; 


64? PROVISIONS OF STATE CONSTITUTION. 





special or excise tax; and may, by general laws, delegate the 
power to counties, towns, cities and other municipal corpora- 
‘tions, to impose and collect license fees on stock used for breed- 
ing purposes, on franchises, trades, occupations and _profes- 
‘sions. And the General Assembly may, by general laws only, 
-authorize cities or towns of any class to provide for taxation 
for municipal purposes, on personal property, tangible and in- 
‘tangible, based on income, licenses or franchises, in lieu of an 
_ad valorem tax thereon: Provided, Cities of the first class shall 
not be authorized to omit the imposition of an ad valorem tax 
on such property of any steam railroad, street railway, ferry, 
‘bridge, gas, water, heating, telephone, telegraph, electric hight 
“or electric power company. 


§ 228. Oath to be taken by all officers—form of. Members 
-of the General Assembly and all officers, before they enter upon 
the execution of the duties of their respective offices, and all 
members of the bar, before they enter upon the practice of their 
~profession, shall take the following oath or affirmation: I do 
‘solemnly swear (or affirm, as the case may be) that I will snp- 
‘port the Constitution of the United States and the Constitution 
of this Commonwealth, and be faithful and true to the Common- 
~wealh of Kentucky so long as I continue a citizen thereof, and 
‘that J will faithfully execute, to the best of my ability, the 
-office of - acording to law; and I do further solemnly 
“swear (or affirm) that since the adoption of the present Con- 
stitution, I, being a citizen of this State, have not fought a duel 
with deadly weapons within this State nor out of it, nor have I 
“sent or accepted a challenge to fight a duel with. deadly weap- 
ons, nor have I acted as second in carrying a challenge, nor 
aided or assisted any person thus offending, so help me God. 


§ 234. Officers to reside in their respective districts, counties 
or towns. All civil officers for the State at large shall reside 


§ 228. (1) Applies to all offi- 
cers. Board of Aldermen of a 
city, acting as a court of inquiry 
“to try charges against a city offi- 
eer, is a court of limited juris- 
diction, and can only sit as a 
‘court by taking oath required by 
‘the. Constitution. Tompert  v. 
Lithgow, 1 Bush 176. Section 
“applies to all State, district, 
county, city and town officers. 
“Morgan v. Vance, 4 Bush, 3283. 


(2) Officers authorized to ad- 
minister oath. Clerk of Board 
of Aldermen of a city, or a no- 
tary public, not authorized to 
administer the oath. Tompert 
v. Lithgow, 1 Bush, 176. 


§ 234. (1) Residence within 
the town or city limits is not 
essential for any, save strictly 
town or city officers. Police 
ccmmissioners elected under the 
act of 1868 fcr the city of Louis- 


PROVISIONS OF STATE CONSTITUTION. 


64:5 





within the State, and all district, county, city or town officers. 
shall reside within their respective districts, counties, cities or 
towns, and shall keep their offices at such places therein as may 
be required by law. 


$ 235. Salaries of officers not to be changed during term—. 
deduction from. The salaries of public officers shall not be 
changed during the terms for which they were elected; but it: 
shall be the duty of the General Assembly to regulate, by a. 
general law, in what cases and what deductions shall be made: 
for neglect of official duties. This section shall apply to mem-- 
bers of the General Assembly also. (See § 161.) 


§ 236. Time when officers shall enter upon their duties. The 
General Assembly shall, by law, prescribe the time when the 
several officers authorized or directed by this Constitution to- 
be elected or appointed, shall enter upon the duties of their 
respective offices, except where the time is fixed by this Con 
stitution. 


§ 237. Offices incompatible. No member of Congress, or per-- 
son holding or exercising an office of trust or profit under the: 
United States, or any of them, or under any foreign power, 


ville and Jefferson county are 
invested with the dual character 
and powers of the city and 
county functionaries. Police 
Commissioners v. City of Louis- 
ville, 3 Bush, 597; see note (7), 
eec. 227. 

(2) Tax Collector appointed 
by the County Court to collect 
taxes in place of the sheriff, re- 
moved, is not a district officer in 
the meaning of this section, and 
may collect tax in districts other 
than the one in which he resides. 
Com. v. Blackwell, 97 Ky., 314; 
Diet Loo 0 S2.W;,. 642. 

§ 235. (1) Salary of Circuit 
Judge can only be reduced for 


neglect of official duty. Powers 
of auditor and treasurer. Audi- 
fore vo Adame, 135 8B. M.,4, 100; 


Garrard v. Nuttal], 2 Met., 106; 
Auditor v. Cochran, 9 Bush; 7; 
Perkins, v. Auditor, 79 Ky., 306; 
2 R., 303; and can not be chang- 
ed during term of office. Mc- 


Cracken Co. v. Reed, 31 R., 313. 
101 S. W., 348. 

(2) See cases cited in notes: 
to sec. 161, Constitution, with 
reference to compensation of of— 
ficers and changes therein. 


§ 236. Failure to qualify with-—- 
in appointed time vacates office. 
Barnett v. Hart, 112 Ky., 728; 
66S. W., 726; 22 R:,,2116; and 
see Schuff v. Pflanz, 99 Ky., 97; 
132 2b Obi Wag Los: and 
see Jones v. Sizemore, 117 Ky.,. 
BULL G a cueeaee Fuge, ey Boe hth oghs WW a gn 
229. 


§ 237. (1) Postmaster and 
County Judge are incompatible. 
Hoglan v. Carpenter, 4 Bush, 89; 
and see Ky. Stat., 3744-6, and 
notes thereto. ‘ 

(2) Postmaster and Justice of” 
the Peace are incompatible. Rod-- 
man v. Harcourt, 4 B. M., 224; 
Justices of Spencer Co. v. Har— 
court, Id., 499. 


644 PROVISIONS OF STATE CONSTITUTION. 





-shall be eligible to hold or exercise any office of trust or profit 
under this Constitution, or the laws made in pursuance thereof. 


§ 242. Private property—taking of for public purposes—ap- 
-peal—trial by jury. Municipal and other corporations, and 
individuals invested with the privilege of taking private prop- 
-erty for public use, shall make just compensation for property 
‘taken, injured or destroyed by them; which compensation shall 
be paid before such taking, or paid or secured, at the election 
-of such corporation or individual, before such injury or de- 
struction. The General Assembly shall not deprive any per- 
‘son of an appeal from any preliminary assessment of damages 
-against any such corporation or individual made by Commis- 
siners or otherwise; and upon appeal from such preliminary 
-assessment, the amount of such damage shall, in all cases, be 
determined by a jury, according to the course of the common 


law. (See notes to § 13.) 








§ 242. (1) Taking private prop- 
‘perty for public use. Under this 
“section the owner of property 
vabutting upon a street may re- 
cover damages from the city for 
‘injury sustained by the excava- 
tion of a street or for any im- 
provement that injures or de- 
“stroys ortakes his property. City 
of Henderson v. McClain, 19 R., 
196057 102 Kye, 4037) to VWs 
700; Yates v. Big Sandy R. R., 28 
R., 206; 89'S. W. 108; Pickerell 
-v. City of Louisville, 30 R., 1239; 
100 S. W., 8738; City v. Jephson, 
2 BA Le eae OO Be EY epee ks 
“City v. Detweller, 20 R., 849; 47 
S. W., 881; Barfie]d v. Gleason, 
Seo ty lee Oe LU ee, ot Ome 
"W., 964; and see notes to sec. 
13; and R. & L. Turnpike Co. v. 


“Madison Oo. ie Rian oe Del ae 
wR. “I O04 70 S. W., 1044; Hay 
We Clye of Lex., 114 Ky., 665; 24 
R.. 1496° "71 SSW 8641] Hen. 
«Jerson v. City, 33 R., ——; 111 
a.) WV, ae 

(2) Railroad company that 


ypermits its culverts to become 
obstructed, thereby causing the 


flow of water to injure property 
of adjoining owner is liable in 


damages. Stith v. L. & N. R. R. 
Co.; -22-R. 658% “109 Ky eee 
58 S. W., 600; and so where by 


the erection of an embankment 
it causes water to flow over ad- 
jacent land. L. & N..R. R. Co. 
v. Brinton, 22 R., 664; 109 Ky,, 
180; 58 S. W., 604. 

(3) City liable to land owner 
for damages caused ‘by the erec- 
tion of a pest-house near his 
premises. City v. Allen, 23 R., 
7013111 Ky., 361;.63.5..eo oe 
And county is liable for damages 
caused by cutting down a county 
road so as to injure property of 
adjacent owner. Layman  v. 
Beeler, 24 Ri; L747" Tis aks 
ODA OT BIW se ood. 

(4) Damages recoverable for 
injury to abutting property by 
construction and operation of a 
railroad. MM: & B! Re RiGee 
Connor, 16:‘R., (635; 29. oe 
344°°M. & B. S. RR. virinerare 

16 R.° 8582 30'S) We Ss ae 
‘aa Re R. v. Hsterle, 13 Bush, 
677; and notes to sec. 13. 


AN ACT FOR THE 


Government of Cities of the First Class 


(Approved July 1, 1893) 


AND AMENDMENTS THERETO. 


Cities of the First Class. 


Subdiv. 


= 


. General provisions. 2742. 
. Boundaries. 2760. 
Legislative department. 
Executive department. 
Executive boards. 2802. 
» Publics ways. 2832. 

. Parks. 2840. 

. Public wharves, 2860. 
. Board of public safety. 


OO AD UF Wry 


pet fad 
eS 


2865. 

12. Comptroller. 
13. Auditor. 2901. 
14. Treasurer. 2902. 
15. Tax Receiver. 2904. 
16. Assessor. 2906. 
17. City Attorney, 
18. Police Court. 


2897. 


2909, 
2911, 


Subdiv. 19. 


Board of public works. 2824. 


2861. 
. Police and fire departments. 


Judge of police court. 2923. 
20. Clerk police court. 2929. 
21. ‘Prosecuting attorney of po- 


lice court. 2935. 


22. Bailiff of police court. 2940. 

23. Interpreter and stenog- 
rapher of police court. 
2945. 

24. Bond Recorder. 2947. 

25. Live stock inspector. 2948. 

26. Education. 2949. 

27. Revenue and taxation. 2979. 

a. General provisions. 2979. 


b. Assessments. 2985. 
ec. Collection and payment 
of taxes. 2997. 
28. Sinking fund. 3010. 
29. Liquor Licenses. 3025. 


SUBDIVISION I 


General Provisions. 


§. 2742. Incorporation and corporate powers. 
habitants of cities of the first class are hereby 


That the in- 
continued 


corporate by the name and style which they now bear, with 


Rights and Powers Generally. 


§ 2742. (1) Authority strictly 
construed. General rule is that 
the authority delegated to munic- 
ipal corporations is to Se strictly 
construed. Kniper vy. Louisville, 


7 Bush, 599; Wheatley v. Coving- 
ton, 11. Bush, 18; Johnson -v. 
Louisville, 11 Bush, 527. Excep- 
tions to rule. Broadiway Baptist 
Church v. McAtee, 8 Bush ,508. 

(2) City may hold property in 
trust under a will for charitable 


646 


AN ACT FOR THE GOVERNMENT OF 


power to govern themselves by such ordinances and resolutions 
for municipal purposes as they may deem proper, not to con- 
flict with this act, nor the Constitution and laws of this State, 
nor of the United States; with power to contract and be con- 
tracted with; to sue and be sued; to defend and be defended 


uses, and may be compelled to 
execute such trust. Peynado v. 
Peynado, 82 Ky.,-5; 5 R.,:- 753. 

(3) Discrimination against 
non-residents. <A city ordinance 
which discriminates against resi- 
dents of other States iis in vio- 
lation of the Federal Constitu- 
tion, although it makes the same 
discrimination against the resi- 
dents of this State outside of the 
city. Fecheimer v. Louisville, 84 
Ky, 306; 8 R., 310) Ssimraiinv. 
City of Covington, 90 Ky., 451; 
McGraw v. ‘Town of Marion, 98 
Ky. 6718. 

(4) Issual and sale of munici- 
pal bonds. It is no objection to 
an ordinance providing for the is- 
sual of municipal bonds that it 
gives the Mayor the discretion to 
sell them at a lower rate of inter- 
est than that fixed in the ordi- 
nance if he can do so. There is 
no unauthorized delegation of 
legislative power. Frantz: v. 
Jacob, 88 Ky., 526% 12°R., 55, 

(5) Legislative power. General 
Council can not, by contract, de- 
prive itself of this power. Lou. 
City Ry. v. Louisville, 8 Bush, 
415; Bateman vy. City of Coving- 
ton, 90° Ky... 390. 

(6) Market — regulation of. 
Mayor and ‘Council have the right 
to inflict penalties on its citizens 
for vending at market articles 
not the product of the vendor. 
Louisville v. Roupe, 6 B. M., 591. 

(7) Nuisance — abatement of. 
City government may, when the 
use to which the owner devotes 
his property becomes a nuisance, 
compel him to cease to use it, 
and punish him for refusing to 
obey its ordinances. Lou City 
Ry. v. Louisville, 8 Bush, 415. 

(8) Observance of Sabbath. 
Enforcement of observance of 
Sabbath~——powers of city. Orms- 


Sy v. Louisville, 79 Ky., 197; 2 
R., 297; Commonwealth ex rel 
Barth v. McCann, Judge, 94 S. 
Wij -6 45 52295R 24.07. 

(9) Ordinance fixing offense 
and punishment. The Mayor and 
Council have the right, ‘by their 
ordinance, to define the acts 
which they intenu to punish, and 
the act defined is the offense. 
Louisville v. Roupe, 6 B. M., 591. 

(10) Penal ordinances. A gen- 
eral grant of power should not be 
held to confer authority upon a 
municipal corporation to make an 
ordinance punishing an act which 
is made punishable as a criminal 
offense iby the State laws. Com. 
v. Duff, 87-Ky.°586; 410 Ravebic 
City of Louisville v. Wehmhoff; 
City of Louisville v. Alvey, 76 
SS Wl 6s) 2b GR eo oe 

(11) Police Power — public 
health. Power of State to pro- 
tect the public health through 
her towns and cities can not be 
relinquished, yet the municipal- 
ities entrusted with the power 
may make contracts to attain this 
end; and when made they can 
not disregard them upon their 
mete caprice. Louisville v. Wible, 
$4. Ky; 290: S Re Bek 

(12) Power to make contracts 
for city. Persons contracting 
with corporations or their offi- 
cers, must, at their peril, inquire 
concerning the authority of the 
contracting agents or officers to 
bind the corporation iby such 
contract. Trustees, etc., v. Hohn, 
82 -Ky., 1: 5 Ra 7303p 
Louisville, 9 Bush, 189; Cray- 
eraft v. Selvage, 10 Bush, 696. 
The Mayor can not, as a general 
rule, employ counsel to repre- 
sent the city -in a litigation. 
Owensboro v. Weir, 95 Ky., 158; 
15 R., 506. ‘Cases of emergency 
miay arise where the power must 


CITIES OF THE FIRST CLASS. 


647 


in all courts; to acquire property for municipal purposes ‘by 
purchase or otherwise; to hold the same and all property and 
effects now belonging to them, either in their own names or in 
the names of others, to the use of the city, for the purposes 
and intents for which the same were granted or dedicated; to 
use, manage, improve, sell, or convey, rent or lease the said 
property, and have the like powers over property hereafter 
acquired; to have a common seal, and change it at pleasure, 


and act with or without a seal. 


necessarily exist. Louisville v. 
Murphy, 86 Ky., 538; 9 R., 310. 

(13) Special privileges. A stat- 
ute enacted for the protection of 
a city, if it relates to the exercise 
of a governmental power, is val- 
id. Preston v. Louisville, 84 Ky., 
Pee he. 797. 

(14) State laws operate within 
the limits of municipal corpora- 
tions and upon their inhabitants, 
as elsewhere, unless it is other- 
wise clearly provided in the char- 
ter or by statute. Com. v. Duff, 
Diary we ho, LO Ry CLT. 


Liabilities of Corporation. 


(15) Injunction by city tax- 
payer. A city taxpayer may en- 
join the issuing of illegal Jbonds 
sy the city, both for his own pro- 
tection and for that of innocent 
parties who may purchase them. 
Frantz v. Jacob, 88 Ky., 525; 11 
Wz 55. 

(16) Mandamus against City 
Council. Jurisdiction of Jefferson 
Circuit Court. Kaye v. Kean, 18 
B. M., 839. Mandamus _ ies 
against City Council to compel 
the levy and collection of a tax 
to pay bonds issued to a railroad 


company. Maddox v. Graham, 2 
Met., 56; Fleming v. Dyer, 20 
5689, . 


(17) Negligence of firemen. 
City being required to establish 
and maintain a fire department, 
is not liable for injuries caused 
by the negligence of firemen. 
Greenwood v. Louisville, 13 
Bush, 226. 

A city is not liable to property 


owner for negligence of firemen. 
, 105 8S. W., 100; Davis v. 
City of Lebanon, 108 Ky., 691; 
Jolly v. City of Owensboro, 89 
Ky., 281; Dudley v. City of Flem- 
ingsburg, 115 Ky., 12; Haring v. 
City of Covington, 25 R., 1618. 

(18) Negligence of policemen, 
City not liable for willful negli- 
gence of policemen in making ar- 
rest upon charge of felony. They 
act as officers of the Common- 
wealth. Pollock v. Louisville, 13 
Bush, 221. 

City not liable for acts of offi- 
cers in enforcing laws. Pollock 
v. Louisville, 13 Bush, 221; Bean 
v. City of Middlesborough, 22 R., 
415; Twyman’s Admr. v. Board 
of Council, 117 Ky., 533. But see 
McGraw v. Town of Marion, 98 
Ky., 678. 

The city of Louisville is not 
responsible for the negligence of 
its officers and employes in the 
operation of an elevator in the 


City Hall. Schwalk’s Admr. v. 
City of ‘Louisville; 122° S. W:;, 
860. 


(19) Official misconduct of of- 
ficers. City officers are respon- 
sible for malfeasance or non- 
feasance in office, (but the corpo- 
ration is not liable for official 
misconduct of its officers. Prath- 
er v. Lexington, 13 B. M., 557; 
Ward v. Louisville, 16 B. M., 184; 
nor for willful neglect of police- 
men. Pollock v. Louisville, 13 
Bush, 221. 

(20) Property destroyed by 
mob. City not responsible. 
Prather v. Lexington, 13 B. M., 
557: Ward v. Louisville, 16 B. M., 


648 AN ACT FOR THE GOVERNMENT OF 





§ 2743. Legislative, executive, and judicial departments. 
In said cities there shall be a legislative, an executive, and a 
judicial department. Neither of these departments shall exer- 
cise any power properly belonging to either of the others, ex- 
cept as permitted in this act. 


§ 2744. Separation for governmental purposes from county 
—city and county indebtedness. (Repealed by act of March 
24, 1904.) 


§ 2745. Official oath required of officers. The members of 
the general council, and all other officers of the city, before 
entering upon the duties of their respective offices, shall each 
take such oath or affirmation as may be prescribed by this 
act or by ordinance; and, in addition each shall make an oath 
or affirmation that he has the qualifications prescribed by this 
act, and is not subject to any of the disabilities which render 
him ineligible to hold the office to which he has been elected. 


§ 2746. Eligibility to office. No person shall be eligible to 
any office who is not at the time of his election a qualified 





184; but now by statute under 
certain restrictions the city is 
liable. See Sec. 8 and notes. 

(21) Recovery of money paid 
by mistake. One who has paid 
money to tbe ‘paid for a license 
to do business, may recover the 
money, the ordinance \being in- 
valid. Fecheimer v. Louisville, 
84 Ky., 306; 8 R., 310; Brands v. 
City, of ; Louisville, ad eeyab rs 
Bruner v. Town of Stanton, 102 
Ky., 461; see Const., Sec. 170 and 
notes; sec. 2980a and notes. 

(22) Taxation of city property 
—exemption. See Con., sec. 170 
and notes. 


§ 2744. Construction of section 
19 6 Koy 7s iei0 legen ben ali a 199, 


§ 2745. (1) Clerks of boards of 
aldermen and councilmen are of- 
ficers of the city government. 
Barret v. Godshaw, 12 Bush, 
592. 


(2) Election of officers of city. 
The term “election,” in its con- 
stitutional sense, is used to desig: 


$<. 


nate a selection by the popular 
voice of a district, county, town, 
or city, or by some organized 
body in contradistinction to the 
appointment by some single per- 
son or officer. Speed v. Craw- 
ford, 3 Met., 207; Police Coms. 
v. Louisv:, 3 Bush, 597. 


(3) Presumed to have acted 
legally. Funectionaries acting 
openly for the welfare of the lo- 
eal puslic should not be pre- 
sumed to have acted illegally. 
Louisville v. Hyatt, 2 B. M., 177. 


(4) Salaries may be attached. 
Salaries of officers of cities may 
be attached and subjected to the 
payment of their debts. Speed v. 
Brown, 10 B. M., 108; Rodman Vv. 
Musselman, 12 Bush, 354; see 22 
R., 1686; Dickinson v. Johnson, 
110 Ky., 247; Sanders v, Hern- 
donp2S Ryss2 


§ 2746. Eligibility of person in 
annexed territory. 105 Ky., 740; 
20 R., 1547: Gibson v. Wood, 105 
Kyiy 1407 20> Reno 


CITIES OF THE FIRST CLASS. 





649 





voter of the city, and who has not resided therein three years 
preceding his election. 


§ 2747. Officers making false entries—embezzlement and 
misapplication of funds—penalty. If any auditor, tax receiver, 
treasurer, or comptroller, or other officer or assistant, or deputy 
of such officer of said city, shall make or knowingly permit 
others to make a false entry in his books,‘or shall allow or 
disallow any item or items, or shall knowingly fail to make any 
proper entry in his books, with intent to cheat or defraud said 
city, or any person or corporation, or shall embezzle or know- 
ingly misapply or withhold any money or property of any 
kind belonging to said city, or coming into his hands officially, 
such officer, or assistant, or deputy shall, upon eonviction there- 
of, be confined in the penitentiary of this Commonwealth not 
less than two nor more than ten years. 


§ 2748. Officer to hold until successor qualifies. All officers 
who have qualified shall bold their offices until their successors 
are elected and qualified. 


§ 2749..Aiding escape from penal institutions—harboring 
or concealing—penalty. Any person who shall aid, assist, or 
abet any male or female to escape from the House of Reform, 
the city workhouse, or any other penal institution, or shall har- 
bor or conceal such persons, knowing them to have escaped, 
shall, upon conviction, be fined not less than one hundred dol- 
lars, or be confined in the county jail not less than thirty days, 
or both, at the discretion of the jury. 


§ 2750. Circuit judges and Commonwealth’s attorney—sai- 
ary supplemented. (Repealed by act of March 24, 1904.) 


§ 2751. Ordinances—codification—publication—duty of city 
attorney. All general ordinances of the city now in force and 
not in conflict with this act, shall continue in force until re- 
pealed by the general council, but not longer than two years 





Residence for three years is cilmen and aldermen under the 


sufficient to render a person eligi- 
ble to office, although during part 
of three years the territory in 
which he resided 'was outside the 
city limits. Meffert v. Brown, 
Pe a COT LLG? SS. We LTT: 


§ 2748. This section does not 
apply to legislative body. Coun- 


charter of the city of Louisville 
could not hold over beyond the 
period for which they were elect- 
ed, and their acts after the ex- 
piration of their terms were void. 
Louisville v. Higdon, 2 Met., 
526: McDermott v. City of Louis- 
ville, 98 Ky., 50. 


650 AN ACT FOR THE GOVERNMENT OF 


from the first election of the general council under this act, 
after which time there shall be a biennial publication of the 
general ordinances of the city, and no general ordinance shall 
be operative unless included and published in said biennial 
compilations, or unless passed subsequent to the last biennial 
publication. Immediately after the passage of this act, the 
eity attorney shall codify the general ordinances of the city, 
and add thereto such provisions as may be necessary to carry 
out the purposes of this act. The code so prepared shall be 
promptly transmitted to the Mayor and general council. (As 
amended by act of March 24, 1904.) 


§ 2752. Actions against city—limitation. Actions against 
the city for damages for injuries to person or property shall be 
begun within six months after the cause of action accrued. 
[Actions against the city for taxes or assessments claimed to 
have been illegally paid or collected shall be commenced within 
six months after the cause of action accrued.| (Words in 
brackets added by act of March 16, 1898.) 


§ 2753. Obligations due to tax-payers—deduction for taxes. 
The city shall, in every instance, deduct and withhold from the 
amount of its obligations to any person owing or liable to it 
for taxes, the amount of such taxes, and surrender to such per- 
son the canceled tax bills therefor, which, to the amount thereof, 
with the interest and penalty thereon, if any, shall be a dis- 
charge of its obligations to such person. 


§ 2754. Fiscal year—when to begin and end. The fiscal 
year of the city shall begin on the first day of September of 
each year and end on the thirty-first day of August following. 


§ 2755. Inspector of weights and measures—salary—pen- 
alty. The general council shall, by ordinance, provide suitable 
penalties for the punishment of persons who knowingly use 
defective or imperfect weights or measures, and: may provide 
for an inspector or inspectors of weights and measures. He 
shall have exclusive power to inspect weights and measures 
in the city, and he shall be paid a salary by the city. No fees 
shall be charged or received for such services. Nothing in this | 
section shall be construed so as to interfere with the term of 
office or fees of the present sealer of weights and measures for 
Jefferson county. 





§ 2752. Limitation fixed inthis 805; 104 Ky., 584; City v. Sieae 
section is in violation of the Con- bert, 21 R., 328. 
stitution. ‘City v. Kuntz, 20 R., 


CITIES OF THE FIRST CLASS. 651 








§ 2756. Officers and agents—terms, duties and compensa- 
tion. Except as otherwise herein provided, the general council 
may, by ordinance, prescribe the duties, define the term of office, 
and fix the compensation and the bond and the time of election 
of all officers and agents of the city. 


§ 2757. Officers or councilmen receiving bribe—penalty. 
Any officer of said city, or member of the general council, who 
shall receive any money or other thing of value, directly or in- 
directly, for his vote or influence in favor of any measure upon 
which he may act officially, shall be deemed guilty of a felony, 
and, upon conviction thereof, shall be confined in the peniten- 
tiary not less than two nor more than twenty years. 


§ 2758. Building inspector—inspection of buildings. The 
statutes heretofore enacted for the inspection of buildings, and 
for the appointment of building inspectors, shall continue in 
force until superseded by appropriate ordinances passed by the 
general council; but in no event shall such acts now in force 
continue longer than March fourth, one thousand eight hundred 
and ninety-four. 


§ 2759. Elective offices—when to take office. All elective 
officers shall take effect at the same time as the mayor, unless 
otherwise specially provided herein. 


§ 2756. Municipal Officers. (1) 


§ 2758. Building regulations. 
There can be no change in sal- 


Under” Ky. St. 1903, See. 2758, 


aries of public vfificers during 
their terms. See sec. 161 of the 
Const., City of Lioouisville v. Wil- 
son, 99 Ky., 598; 18 R., 427; Ma- 
rion County Fiscal Court v. Kel- 
ly, 112 Ky., 835; McNew v. Com- 
monwealth, 29 R., 5438. 

(2) This rule does not apply 
to municipal officers removable 
without cause, City of Lexing- 
ton v. Renick; 105 Ky., 785. 

(3) Who are officers. Purnell 
v. Mann, 105 Ky., 113; Sinking 
Fund Commissioners v. George, 
104 Ky., 286; Pratt v. Breckin- 
ridge, 112 Ky., 8; Lowry v. City 
of Lexington, 113 Ky., 773. 

(4) Bond to be executed. See 
secs. 3751 and 3752 Ky. Stats.; 
vy. U. S. Fidelity Co., 102 
S: W., 873. 





which is a part of the act for the 
government of cities of the first 
class, passed July 1, 1893, and 
which provides that statutes pre- 
viously enacted for the inspec- 
tion of buildings shall continue 
in force until superseded !by ap- 
propriate ordinances passed by 


the General Council, the whole 
question of ‘Suilding inspection 


is left to be regulated ‘by ordi- 
nances passed by the General 
Council; and an ordinance so 
passed is valid, although it con- 
flicts ‘with Acts 1887-88, vol. 1, ¢. 
124, which appears in Ky. St. 
19038, secs. 1830, 1832, and which 
prescribe the conditions under 
which the owners of certain 
property shall place fire escapes 
thereon, and imposes a penalty 


652 AN ACT FOR THE GOVERNMENT OF 





SUBDIVISION II. 


Boundaries. 


§ 2760. Existing boundaries continued. The boundaries of 
the cities of the first class shall, until changed as herein pro- 
vided, remain as now established by law. 


§ 2761. Annexation or reduction of territory—ordinance, 
publication. Whenever it is deemed desirable to annex any 
territory to the city, or to reduce the boundaries thereof, the 
general council thereof may enact an ordinance, defining ac- 
curately the boundary of the territory proposed to be annexed 
or stricken off, and such ordinance shall thereupon be published 
in at least ten issues of the daily paper published in and having 
the largest circulation in the cities. In not less than thirty 
days after the enactment of such ordinance, if the publeation 
or notice, as herein provided, has been made or given, and no 
petition is filed in the circuit court, as provided in the next 
section, the general council may, by ordinance, annex to the 


for leaving the building unpro- 
tected with fire escapes. Louis- 
ville Public Library Co. v. City 
of Louisville, 80 S. W., 1169; 26 
Ky Law “Rep. 2022) Tittord ey 
Beiknap, 103 S. W., 289; 31 R., 
662; Boyd v. City of Frankfort, 
Be ONV E26 BS 

§ 2760. Acquiescence in loca- 
tion of boundary line. Where, 
for more than twenty years, a 
certain location of the boundary 
line was adopted and acted on by 
both the city and lot owners, and 
the line was, 'by subsequent acts 
of the Legislature, recognized as 
the true line, the construction 
given to the charter for so many 
years will not be disregarded. 
Belknap v. City of Louisville, 93 
Ky., 444; 14 R., 420; Carrithers, 
et al. v. City of Shelbyville, 31 R., 
1166. 


§ 2761. (1) Boundary. Where 
an ordinance providing for the 
annexation of territory was re- 
pealed after proceeding under it 
had been commenced in Circuit 
Court, the action on motion of 


city should be dismissed. City 
v. Town of Crescent Hill, 21 R., 
iD De 

(2) Burden of proof is on peti- 
tioners who file petition resist- 
ing annexation, and they are en- 
titled to conclusion of angument. 
Tax-payers ‘who are residents of 
the city are competent jurors. 
Ky. Wagon Co. v. City of Louis- 
ville; 97. Ky.) 48)-17:- Rif eee 

(3) Failure to assign annexed 
territory to a ward in the city 
does not deprive residents of the 
territory of any of their political 
rights. Specht v. City, 22 R., 
699. 

(4) Ordinance providing for 


annexation of  territory—enact- 


ment of. Oswald v. Gosnell, 21. 
R., 1660; Specht v:. City 222 ska 
699, 

(5) Status and political rights 
of citizens of annexed territory. 
Gisson v. Wood, 105 Ky., 740; 
20 RivtS4T: 

The motive of the Council in 
annexing territory cannot ibe in- 
quired into. Meffert v. Broiwn, 
116°S..W.7795+ 116 So Woe 


CITIES OF THE FIRST CLASS. 653 


city the territory described in the ordinance hereinbefore men- 
tioned, or reduce the limits, as the case may be; and upon the 
enactment of such ordinance such territory shall become part 
of such city, or shall be stricken therefrom. 


§ 2762..Remonstrance against—petition in circuit court. 
Within thirty days after the enactment of an ordinance pro- 
posing to annex territory to the city, or to reduce the limits 
thereof, one or more residents or freeholders of the territory 
proposed to be annexed or stricken off may file a petition in 
the circuit court of the county, or any branch thereof having 
jurisdiction in civil cases, setting forth the reasons why such 
territory or any part thereof should not be annexed, or whv 
the limits should not be reduced. Summons shall issue thereon 
and be executed on the mayor or chief executive officer of the 
city as in other cases, and the answer of the city shall be filed 
within twenty days after service of the summons. The case 
shall be tried according to the rules and practice prescribed 
for the trial of jury cases. If the jury be satisfied, upon a 
hearing, that less than seventy-five per cent. of the freeholders 
of the territory to be annexed or stricken off have remonstrated, 
and that the adding or striking off of such territory to the city 
will be for its interest, and will cause no manifest injury to the 
persons owning real estate in the territory sought to be annexad 
or stricken off, it shall so find, and said annexation or reduction 
shall be approved and become final. If the courts shall be satis- 
fied that seventy-five per cent. or more of the resident free- 
holders of the territory sought to be annexed or stricken off 
have remonstrated, then such annexation or reduction shall 
not take place, unless the jury shall find from the evidence that 
a failure to annex or strike off will materially retard the pros- 
perity of such city, and of the owners and inhabitants of the 
territory sought to be annexed or stricken off. In case the jury 
shall so find, the annexation or reduction shall not take place, 





§ 2762. When less than 75 per 
cent. of the freeholders in the 
territory sought to be annexed 


not be for the interest of the 
property-owners or would retard 
the growth of the city. It is also 


remonstrate, the only questions 
for the jury to consider are 
whether the annexation will ben- 
efit the city and whether the an- 
nexation would cause manifest 
injury to the persons owning real 
estate in the territory. In such 
case it is improper to admit evi- 
dence that the annexation would 


improper to admit evidence show- 
ing that the Council discriminat- 
ed in favor of certain residents in 
making the annexation, as the 
City Council is the sole judge of 
what territory should be annex- 
ed. City of Louisville v. Brown, 
119 S. W., 1196. 


654. AN ACT FOR THE GOVERNMENT OF 


notwithstanding the remonstranece. An appeal from the judg- 
ment of the court may be taken, as in other cases, but there 
shall be no change of venue from the county. Costs shall fol- 
low the judgment. If the judgment of the court be adverse 
to annexation or reduction, no further effort to annex or strike 
off such territory shall be made wihtin two years after the 
rendition of such judgment. 


§ 2763. Judgment certified to general council. The judg- 
ment shall, when entered, be certified to the general council of 
the city, who may thereupon annex to or strike from the city 
the territory described in the judgment, and such territory shall 
become, or cease to become, as the case may be, a part of the 
city. 


§ 2764. Annexing smaller cities—liabilities, corporate prop- 
erty and franchises. In accordance with the provisions of see- 
tions 2761, 2762 and 2763 hereof, it shall be lawful for a city 
of the first class to annex the territory of a smaller city or 
town. But the city thus annexing the territory of another shall 
be bound for all the debts and liabilities, and shall be the owner 
of all corporate property, franchises and rights of such muni- 
cipal corporation: Provided, That if only a portion of the 
territory of any city or town shall be annexed, the amounts 
of the existing debts and liabilities which such eity shall be 
bound for shall be in proportion as the value of the property 
so annexed bears to the value of all the property of the city 
or town from which such territory is taken, as shown by the 
last preceding assessment of the assessor of such city or town. 


SUBDIVISION III. 
Legislative Department. 


§ 2765. Board of councilmen and aldermen styled general 
council. The legislative powers of said cities shall be in a board 
of twenty-four councilmen and in a board of twelve aldermen, 
which shall be styled the general council. 


§ 2766. Councilmen elected by voters of city—Two from 
each ward. Councilmen shall be elected by the qualified voters 
of the city at large, and so selected that two shall be residents 
of and qualified voters in each ward. 


§ 2767. Aldermen elected by voters of the city. Aldenntan 
shall be selected from and elected by the qualified voters of 
the citv at large. 


CITIES OF THE FIRST CLASS. 655 


§ 2768. General council—term of office—qualifications—offi- 
cial oath. Members of the general council shall hold their 
office for two years after the election. They shall be at least 
twenty-five years of age, and shall be housekeepers or owners 
of real estate in the city. They shall hold no other civil office. 
They shall not be directly or indirectly interested in any con- 
tract with said city, or in any application therefor, or a candi- 
date for or hold any office or employment for pay in any com- 
pany or corporation which holds or is an applicant for any con- 
iract with the city. Stockholders in corporations may be elegi- 
ble, but shall not vote on or interfere, directly or indirectly, 
with any matters or question affecting a contract between such 
company and the city, or its right or duty under the same. No 
person while in arrears to the city for money collected shall be 
a member of the general council. Before any member-elect 
shall take his seat in either board, he shall make an oath or 
affirmation that he has the qualifications and is free from the 
disqualifications prescribed herein. 


§ 2769. Representation equal and uniform—twelve wards. 
Representation shall be equal and uniform, and regulated by 
the number of inhabitants, as ascertained by the Federal census 
made in one thousand eight hundred and ninety, and by the 
Federal census every ten years thereafter. The general council 
shall lay off the city into twelve wards, as nearly equal as 
practicable in population. 


§ 2770. President and clerk elected by each board. Each 
board shall elect from its members a president thereof for one 
year. In his absense a president pro tem. shall be chosen 
from the members. Each board shall elect a clerk and may elect 
4 sergeant-at-arms. 


§ 2771. Qualification of members judged by board—expul- 
sion—vacancies, how filled. Each board shall judge the eligi- 


— 


§ 2768. (1) Terms of council- 
men. This section providing that 
memibers of the council shall hold 
their office for two years after 
the election is constitutional. Mc- 
Dermott v. City of Louisville, 98 
Ky., 50; 17 R., 617; Louisville v 
Higdon, 2 Met., 526. 

(2) Void contract—councilman 
interested. Under this section a 
contract made ‘between the city 
anda member of the council ‘who 


is interested in the contract is 
void, as is a contract ‘between 
the city and a corporation when 
an officer or paid employe of the 
corporation is a member of the 
council. Nunemacher v. City of 
Louisville, 98 Ky., 334; 17 R., 
S35.,.d0..W~. 2O9l. 


§ 2771. Qualifications of mem- 
bers of council can only ‘be in- 
quired into by that board of 


656 AN ACT FOR THE GOVERNMENT OF 





bility and the election of its members, adopt rules for its pro- 
ceedings, and punish its members for disorderly conduct. Two- 
thirds of the members-elect concurring, either board may ex- 
pel a member; but not twice for the same cause. Vacancies in 
either board shall be filled by the general council, in joint 
Session. 


§ 2772. Quorum—attendance enforced—place and time of 
meeting. A majority of the members-elect shall form a quorum 
of either board, but a smaller number may adjourn from day | 
to day. The attendance of members may be enforced by rules 
or ordinances with appropriate fines. The general council shall 
meet on the first Tuesday succeeding the election. It may ad- 
journ for not longer than thirty days. The boards shall hold 
their meetings in such separate rooms in the city as may be 
provided by ordinance, and the place of meeting,shall not be 
changed except by an ordinance, for which two-thirds of the 
members of each board have voted. 


§ 2773. Journal—publication of proceedings. Each board 
shall keep a correct journal of its proceedings, and immediately 
after the adjournment of each session the proceedings thereof 
shall be published once in one English and one German daily 
paper printed in the city and having the largest permanent ecir- 
eulation in said city. Said newspapers shall be selected an- 
nually by the general council upon joint viva voce vote, or 
otherwise, as may be fixed by ordinance. 


§ 2774. Ordinances to be published. All ordinances shall be 
published in lke manner as the proceedings of the general 
council. 


§ 2775. Public records—copies evidence—judicial notice. 
All official papers, proceedings, and records of the former offi- 


which the person claims to be a merely directory. Reed v. City, 


member, and the authority to ex- 
pel or punish a mem#er is lodged 
exclusively in that ‘board of 
which he is a member. Neither 
the other board nor the general 
council can punish or expel a 
member of one of the boards. 
Com. v. Hillenbrand, 96 ‘Ky., 
407; 16 R., 485. 


§ 2773. (1) Directory. This 
section in so far as it relates to 
the publication of, ordinances is 


22 Rig 1636; 

(2) Record of board of coun- 
cil. The city charter requires 
that each board of the council 
shall keep a correct journal of 
its proceedings. Wow journals 
are to be kept. Louisville v. Mc- 
Kegney, 7 Bush, 651. 


§ 2775. (1) Evidence—judicial 
notice. ‘Copies of the journal 
which each ‘board is required to 
keep of its proceedings may be 


CITIES OF THE FIRST CLASS. 657 





cers and general councils and trustees, and of the present and 
succeeding officers, general councils, and trustees of the city, 
under previous charters and under this and succeeding acts, 
are hereby declared public records, and as such shall be pre- 
served and be entitled to all faith and credit of publie records. 
Official copies thereof may be read in all courts as public ree- 
ords. The courts in this Commonwealth shall take judicial 
cognizance of the ordinances of the city, and the printed copy 
officially published by the city may be read as evidence in any 
trial in which the same may be competent evidence without 
proof of the due passage and approval of said ordinances. 
Until the biennial publication of the ordinances of the city, a 
certified copy from the comptroller’s office of an ordinance may 
be read with the same effect as if it had been officially published. 


§ 2776. Councilmen exempt from jury or military service— 


privileged. 


Members of the general council shall be exempt 


from serving on juries and from military duty during their 


term. 
where questioned. 


§ 27 


For anything said in debate they shall not be else- 


Ordinance—passage—one subject—amendments. No 


Yao 
ordinance shall be passed until it shall have been read in full 


used as evidence when attested 
by the clerk of the respective 
boards. Copies of ordinances, 
joint resolutions and other docu- 
ments, the result of the joint ac- 
tion of the two boards, may be 
used as evidence when certified 
by the Mayor. Barret v. God- 
shaw, 12 Bush, 592. ‘And the 
court will take judicial notice of 
ordinances. ‘Gaertner v. Lou. 
Stone Co., 24 R., 940; and see 
Woolley v. City, 24 R., 1357; 105 
rv, 48. 20 R., 1348. 

(2) Notice to citizens and tax- 
payers. The proceedings of the 
general council are public rec- 
ords, and citizens and tax-payers 
are bound to take notice of them. 
Barret v. Godshaw ,12 Bush, 592. 
Parties dealing with the corpora- 
tion through its officers are 
bound to take the same notice 
of its laws and ordinances that a 
citizen of the State thas to with 
reference to its laws. Murphy v. 
Louisville, 9 Bush, 189; Cray- 





craft v. Selvage, 10 Bush, 696; 
Woolley et al. v. Louisville, 71 
BieWe ovo, af KR. Loot 


§ 2777. (1) Enjoining passage 
of ordinance. The passage of or- 
dinances and resolutions concern- 
ing the governmental and public 
affairs of the municipality over 
which the council has discretion- 
ary authority cannot ibe enjoined; 
but where the council is by ordi-: 
nance albout to make an illegal 
disposition of wharf property, 
equity may enjoin the passage of 
such ordinance upon the petition 
of tax-payers. Roberts v. City of 
EUS Ves so or kG Vey) OD. thio Less 
406. 

(2) Passage of ordinance— 
sufficiency of title and reading. 
Elliott v..City of Louisville, 19 
R., 414° 101 Ky., 262; and see 
Oswald v. Gosnell, 21 R., 1660. 

(3) Second reading of ordi- 
nance miay be dispensed with at 
the same meeting of the council 


658 AN ACT FOR THE GOVERNMENT OF 





in each board and free discussion allowed thereon, and no or- 
dinance shall pass both boards on the same day. No ordinance 
shall embrace more than one subject, and that shall be ex- 
pressed in its title. No ordinance shall be altered or amended. 
in any way except by repealing it. 


§ 2778. Propositions to raise money to originate in board. 
of councilmen. Propositions for raising money must originate 
in the board of councilmen; but the board of aldermen may 
propose amendments thereto, as in other propositions, provided 
it does not, under color of amendment, introduce matter not 


relating to the subject. 


§ 2779. Member not eligible to office by election of board. 
No member of the general council, during the term for which 
he was chosen, shall be eligible to any office by appointment: 
or by election of said general council, or either branch thereof. 


S 2780. Officers or agents—ordinance providing for elec- 
tion. All officers or agents of the city, in any of its depart- 
ments, not herein required to be otherwise elected or appointed, 
shall be elected or appointed in such manner as may be pre- 
scribed by ordinance. 


§ 2781. Executive and ministerial officers—how removed.. 


2 


Executive and ministerial officers, unless otherwise provided. 


at which it had its first reading, an ordinance ‘was void for the 
although the ‘charter ‘provides reason that it was one of two or- 
that no ordinance shall be passed dinances which ‘were passed Sy 
until it has been read in each’ the council at the same time, re- 
board ‘‘at two several meetings, lating to the same subject, there 
unless that provision be suspend- being no objection thereto by 
ed by a vote of all the mem%Sers any member of the council. City 
elect.’”’? Nevin v. Roach, 86 Ky., v. Gast, 26 R., 412. 
492°° 9°R:. 819; “No ordinance ghall embrace’ 
(4) Enacting two ordinances more than one subject.” City 
at same time. Under Kentucky of Louisville v. Wehmhoff et al.,. 
Statutes, section 2777, providing 25 R., 995; City of Paducah v 
“that no ordinance shall be Ragsdale, 28 R., 1060. 
passed until it shall have been 
read in full in each ‘board, and § 2781. (1) Removal of offi-- 
free discussion allowed thereon, cers. The cause must be such as 
and no ordinance shall pass both constitutes malfeasance or mis- 
boards on the same day, and no _ feasance in office or renders the 
ordinance shall embrace more _ offender unfit to discharge his 
than one subject, which shall duties. Memlbers of fboards of 
ibe expressed in its title,’ we public works and safety can not 
should hesitate to hold, in the be removed by the mavor or 
absence of an express statutory board of aldermen, except for 
declaration on the question, that cause, and after notice and am 


CITIES OF THE FIRST CLASS. aso 





in this act, shall be removable by the board of aldermen, sitting 
as a court, under oath or affirmation, upon charges preferred 
by the mayor, or any two members of the board of councilmen, 
and in case of the mayor upon charges preferred by the board 
of councilmen: Provided, however, That any person removed 
from office under the provisions of this section shall have 
the right of appeal to the circuit court and from there to the 
eourt of appeals, and said appeal to the circuit court shall be 
taken and tried in the same manner that appeals from the 
quarterly courts to the circuit court are taken and tried. (Sec- 
tion as amended by act of March 15, 1900.) 


§ 2782. Ordinance imposing fine for misdemeanor. The 
general council shall have power to pass ordinances imposing 
fines, not exceeding one hundred dollors, for any designated 
misdemeanor not provided for by the general laws of the 
Commonwealth; but in cases where the General Statutes of the 
Commonwealth impose a fine not exceeding one hundred dol- 
lars such fine may be increased by ordinance. 


§ 2783. Power to pass ordinance not in conflict with the 
Constitution and statutes. The general council shall have 
power to pass, for the government of the city, any ordinance 
not in conflict with the Constitution of the United States, the 
Constitution of Kentucky, and the statutes thereof. 


§ 2783a. Gas company stock—sale authorized—disposition 
of proceeds. 1. That wherever any city of the first class shall 
own any stock in a gas company carrying on business within 
its boundaries, the said city shall have the right to sell or dis- 
pose of the same upon such terms as may be prescribed by 
ordinance duly passed by the general council of the said city 
and approved by its mayor, in the manner that other ordinances 
are so passed and approved, but said stock shall not be sold 
for less than par. 

2. The proceeds of the sale of any such stock shall be ap- 
plied, so far as they will suffice for that purpose, to the con- 





opportunity to be heard. Todd - § 2783. General power of legis- 
v. Dunlap, 99 Ky., 449; 18 R., lation. General council has no 
Be Os general power of legislation. It 


(2) The board of aldermen only has power to pass ordinances 
has power in a proper state and enforce them as mere police 
of case to remove a municipal regulations. Dolfinger v. Fish- 
officer— a park commissioner. ‘back, 12 Bush, 474; City of 
Gibbs v. Board of Aldermen, 99 Louisville v. Gast, ete., 26 Ky. 
Ky., 490; 18 R., 341. Law Rep., 412; City of Louis- 

ville v. Wehmhoff, 25 R., 995. 


660 AN ACT FOR THE GOVERNMENT OF 


———— 





struction of public sewers, and held and used solely for that- 
purpose, but the purchaser or purchasers of such stock shall 
not be required to look to the application of the purchase 
money. 

3. The general council may, on such terms and conditions. 
as shall be prescribed by ordinance passed as aforesaid, author- 
ize the mayor of said city to consent, on behalf of the general 
council, to such amendments to the charter of any such gas 
company as may be approved by the board of directors of any 
such gas company, and so as to vest in the said board of di- 
rectors and stockholders of said company the same power and 
authority to deal with its charter as the stockholders and 
directors of any other corporation organized under the law 
of the State of Kentucky would have. (This section is an act 
of March 20, 1902, the numbers of the sub-sections are num bers 
of sections of the act.) 


SUBDIVISION IV. 
Executive Department. 


§ 2784. Mayor and executive boards—election of mayor— 
term. The executive power shall be vested in the mayor and in 
the boards and departments authorized by this act. The mayor 
shall be elected by the qualified voters of the city on the first 
Tuesday after the first Monday in November, one thousand 
eight hundred and ninety-three, and at the regular election 
every four years thereafter. 


§ 2785. Mayor chief executive—eligibility to office. The 
mayor shall be the chief executive officer of the city. Any 
person shall be eligible to the office who is thirty years of age, 
and who has been a citizen and resident of the State three 
years, and a resident of the city for which he may be elected 
mayor three years next before his election. 


§ 2786. Mayor cannot be interested in contract with city. 
No person shall be mayor who-is, directly or indirectly, in- 
terested in any contract with the city as principal or surety. 


§ 2787. Election for mayor—tie vote—general council to 
choose. If two or more candidates for mayor receive the same 
number of votes, and this number of votes is greater than the 
number of votes cast for any other candidate, one of them 
shall be chosen mayor by a vote of the majority of all the mem- 
bers of the general council in joint session, immediately after 
its organization. 


CITIES OF THE FIRST CLASS. 661. 





§ 2788. Vacancy—how filled—mayor pro tem. When a 
vacancy shall take place in the office of mayor, a mayor pro- 
tempore shall be chosen by the general council, in joint ses- 
sion, by the votes of a majority of the members elected. If the 
vacancy occur three months or more prior to a regular munici- 
pal election, a mayor shall be chosen for the unexpired term. 
at the said election. If the vacancy occur within three months, 
the mayor pro tempore chosen by the general couneil shall. 
serve until the regular election for mayor. It shall be the duty 
of the president of the board of aldermen to issue his proclama--. 
tion for such joint session, to be held not less than ten nor 
more than twenty days after such vacancy shall take place.. 
Until the vacancy is filled, the president of the board of alder- 
men shall act as mayor. 


§ 2789. Absence or disability of mayor—who to act—com-- 
pensation. Should the mayor be temporarily absent or unable 
to discharge his duties, his office shall be administered by the 
president of the board of aldermen, who shall continue to dis- 
charge the duties of the office during the continuance of the 
disability or the absence of the mayor. His compensation shal) 
be determined by the general council, but shall not exceed the 
rate allowed the mayor, and the sum so paid may be deducted. 
in whole or in part from the salary of the mayor, or as the 
general council may determine. 


§ 2790. When mayor to take office.. The mayor shall take 
office on the second Tuesday after the first Monday in Novem-— 


ber succeeding his election. 
§ 2791. Duties to be performed by mayor. 
duty of the mayor: 


It shall be the: 


LOWS feed oA Vee ek Ode Tt OR oes 
but see notes to sec. 152, Con. 


§ 2788. (1) Vacancy—how and 
when filled. When a vacancy oc- 


curs in the office of mayor, and is 
filled as provided in this section 
by the council, three months be- 
fore a regular election is held, 
the vacancy must be filled at said 
election, although only Presiden- 
tial electors are to be chosen, and 
no municipal officers. Todd v. 
Jounson, S99 Ky., 548; 18° R., 
354; and this rule applies to all 
elective municipal offices in 
which a vacancy occurs more 
than three months before a regu- 
lar election. Shelley v. MceCul- 


(2) Election to fill a vacancy 
may be held on the same day as 
a congressional election, and al- 
so at a regular election at which 
no other municipal officers are 
to be chosen. Shelley v. McCul- 
IGUSR, “Ait IS te Rs, | Oo 
but see notes to Con., sec. 152. 


§ 2791. Power to make con-- 
tracts for city. The mayor can 
not, as a general rule, employ 
counsel to represent the city in. 
a litigation. Owensboro v. Weir, 


AN ACT FOR THE GOVERNMENT OF 





1. To be vigilant and active in causing the ordinances of 
the city and the laws of the State to be executed and enforced. 

2. To communicate to the general council, at least once a 
year, a statement of the finances and general condition of the 
affairs of the city, and also such information in relation to the 
same as either branch of the general council may, from time 
to time, require. ; 

3. To recommend by message, in writing, to the general 
council all such measures connected with the affairs of the city 
as he shall deem expedient. 

4. To fill, with the consent of the board of aldermen, all 
-vacancies in executive and ministerial offices not herein: other-. 
‘wise provided for. 


§ 2792. Appointment and removal of mayor’s clerk. The 
mayor may appoint his own clerk and remove him at pleasure. 


§ 2793. Supervision over executive and ministerial officers. 
He shall exercise a general supervision over all the executive 
and ministerial officers of the city, and see that their official 
duties are honestly performed. He may require from them 
‘statements in writing concerning the discharge of their duties. 


§ 2794. Removal of officials appointed by mayor. He may, 
by a written order, giving his reasons therefor, remove from 
office any head of a department, director, or other officer ap- 
pointed by him. <A copy of said order shall be sent to the 
board of aldermen at its next meeting. Unless such order be 
disapproved by the board of aldermen within thirty days, said 
order shall stand. 


"95 Ky., 158; 15 R., 506. But 


ror in its passage is not a veto 
eases of emergency may arise 


message in meaning of this sec- 


where the power must necessari- 
ly exist. Louisville v. Murphy, 
SS IY; DS 300 ot, oe 10. 


§ 2794. Removal from office. 
‘This section does not invest the 
mayor ‘with arbitrary power to 
remove officers—appointed for a 
definite term—without notice or 
an opportunity to be heard. Todd 
v. Dunlap, 99 Ky., 449; 18 R., 
329. 


§ 2795. (1) Return of ordi- 
mance by mayor to correct an er- 


tion. Oswald v. Gosnell, 21 R., 
1660. 

(2) Right to adjourn general 
council. Under the old charter 
of Louisville the mayor had the 


right to adjourn the _ general. 
council only when the two 
boards, being in joint session, 


could not agree on an adjourn- 
ment; and in such case the 
mayor must adjourn both boards 
and not merely one of them. 
Tillman v. Otter, 93 Ky., 600; 14 
R., 586. 


CITIES OF THE FIRST CLASS. 663: 





§ 2795. Ordinances and resolutions to be presented to mayor 
—vetoes—withholding. Except a resolution to adjourn, every 
proposed ordinance or joint resolution which has passed the: 
general council shall be presented to the mayor, and if he ap- 
prove it he shall sign it, and then it shall be obligatory; but. 
if he disapprove it, he shall return it, with -his objections in. 
writing, to the board in which it originated, and said board 
shall then reconsider the same, and if two-thirds of the mem- 
bers-elect coneur in adopting it again, it shall be sent, with the 
mayor’s objections, to the other board, where it shall also 
be reconsidered, and if again passed by the votes of two-thirds. 
of its members, it shall be obligatory; but in such cases the 
votes in each board shall be taken by yeas and nays and re- 
corded in the journal. Should the mayor withhold a proposed 
ordinance or resolution beyond the day for the next regular 
meeting, and the general council actually meet, if three days: 
have intervened between the presentation to the mayor and said. 
meeting, it shall be obligatory as if signed. 


§ 2796. Appropriation bills—disapproval of items. The 
mayor may disapprove of any item or items of any bill mak-- 
ing appropriations and the part or parts of the bill approved 
shall be the law, and the item or items disapproved shall be: 
void, unless repassed according to the rules and limitations 
prescribed by law for the passage of bills over the mayor’s. 
veto. 


§ 2797. Appointment of persons to examine departments: 
and offices. The mayor shall, as often as he may think proper, 
appoint not more than three competent persons to examine,,. 
without notice, the affairs and accounts of any city depart- 
ment, trustee, officer, or employe, and the money, securities, 
and property belonging to the city in the possession or charge 
of such department, trustee, officer, or employe, and report to 
him the result of such investigation. 


_ 


98. General council may be convened at any time. The 


7 
S — 
r may convene the general council at any time. 


mayo 


§ 2799. Power to administer oaths. The mayor shall have 
the same power to administer oaths or affirmations that jus- 
tices of the peace and other judicial officers of this Common- 
wealth have. | 


§ 2800. Salary, five thousand dollars. The mayor shall re- 
ceive a salary of five thousand dollars a year. 


664 AN ACT FOR THE GOVERNMENT OF 


§ 2801. Power to appoint city buyer—approval of pur- 
chases. The mayor shall have power, with the approval of 
the board of aldermen, to appoint a city buyer, whose duty it 
shall be to purchase all articles needed by the city in its sev- 
eral departments. All purchases made by him shall be ap- 
proved by the mayor if the amount to be expended be under 
“two thousand dollars, or by the general council and the mayor 
af the amount exceed two thousand dollars. He shall report 
each day to the comptroller the purchases made by him. 


§ 2801a. Public library—mayor may arrange to provide. 
That the mayor, with the consent of the general council, may 
by contract, enter into an arrangement for a period not ex- 
ceeding five years, and renew the same from time to time there- 
after, with the association or corporation owning or controlling 
an existing library in any such city, which contains not less 
‘than fifty thousand volumes, to’"g@he end that such library shall 
be free and open to the public® and all persons residing or 
sojourning in any such city, at all reasonable times and under 
‘proper and reasonable regulations (except that it may be closed 
on Sunday, if deemed proper by such association or corpora- 
‘tion). In said contract it shall be provided that such library 
‘shall, during the period thereby covered, be open and free to 
‘the general public as aforesaid, the uses, privileges, and faeili- 
‘ties thereof, subject te the reasonable and proper direction and 
regulation of its governing body, being equal and free to all 
persons applying therefor; that it shall be non-sectarian, and. 
‘be so conducted, and its reading room or rooms and its circulat- 
ing department shall be maintained free and open to the gen- 
eral public. 


2. Tax levy for library purposes—reports concerning to 
mayor. As consideration for such public use, such city shall 
annually in its annual ordinance fixing the tax rate include a 
levy for library purposes not exceeding two cents on each one 
hundred dollars’ worth of property assessed for taxation for 
city purposes, and the amount levied as above shall annually 
be passed to the credit of the library fund upon the books of 
‘said city, and the said amounts as collected shall be paid over 
‘to the association or corporation aforesaid, by the treasurer in 
regular weekly installments, the first payment to be made 
within one week after the collection of the said amount shall 
have been commenced, and the other payments to be made 
weekly thereafter in current money by the said treasurer as 
collected ; all money so received by such association or corpora- 
tion shall be used in conducting and maintaining said library 


CITIES OF THE FIRST CLASS. 665 


for the public purposes aforesaid and for none other. Said 
corporation or association shall annually, in the month of Sep- 
tember, make a report to the mayor, showing statistics cover- 
ing the attendance at and the use of the books of the library, 
the receipts and expenditures of all moneys handled by it 
during the year, and such other information as may bear upon 
the usefulness of said library to the public. (T'has section is 
an act of March 15, 1898; the numbers of the subsections are 
the numbers of the sections of the act; the last section of the 
act will be found in section 2981.) 


§ 2801b. Free library may be established. That any city 
of the first class may establish and maintain within its cor- 
porate limits a free public library, with circulating and refer- 
ence departments and reading rooms, or any of them, for the 
use and benefit of the residents thereof, with such branches 
and stations as the board of trustees, hereinafter provided, may, 
from time to time, deem proper or necessary. All the uses 
and privileges of such library shall forever be free and equal 
to all residents of such city, subject only to the rules and 
regulations established by the board of trustees. But said 
board may extend the privilege and use of such library and 
reading rooms to persons residing outside of such city, upon 
such terms and conditions as said board may, from time to 
time, by its regulations, prescribe. 


2. Act becomes operative when council so ordains. The gen- 
eral council of any such city may, by ordinanee, signify its 
purpose or intent to establish a free library under the provi- 
sions of this act, and, when it shall have so ordained or 
resolved, the said city ghall thereafter be treated as 
having exercised its discretion to establish such library, and 
the consequent provisions of this act shall then become opera- 
tive. 


3. Trustees to be appointed by mayor—term—qualifications 
—title—powers—vacancies—oath. The mayor of any such 
city shall, as soon as practicable after the passage of this or- 
dinance, name twelve trustees, three for a term of one vear, 
three for a term of two years, three for a term of three vears, 
and three for a term of four years; and shall thereafter, in 
the month of each succeeding year corresponding to the month 
in which the first appointments are made, in the same manner 
nominate three trustees for a term of four years. No person 
shall be eligible to the office of trustee who is not, at the time 
of his selection, a taxpayer and qualified voter in the city and 
has not resided therein for two years prior to his selection, and 


666 AN ACT FOR THE GOVERNMENT OF 


no salary or other compensation shall ever be paid to or re- 
ceived by such trustee for the performance of the duties of his 
office. The said twelve trustees, together with the mayor of 
said city, who shall be a trustee by virtue of his office, shall 
constitute and be styled the Board of Trustees of the Free 
Public Library, and by said title shall be a corporation with 
‘power to make such rules and regulations to govern itself, and 
tor the control, management and use of the property entrusted 
to its care as it may be deemed proper, not, however, in core 
flict with this act, or with the Constitution or laws of this 
State or of the United States, with power to contract and be 
contracted with, sue and be sued, defend and be defended 
in all courts, to acquire by gift, purchase or otherwise, and to 
hold real and personal property to the use of the publie library, 
for the purpose and intent for which the same may be granted 
or dedicated; to use, manage and improve, sell and convey, 
rent or lease property; to erect suitable building or buildings; . 
to have a common seal and change it at pleasure, and to act 
with or without a seal. Vacancies in the office of trustee shall 
be reported by the board to the mayor, and shall be filled in 
like manner as the original appointments. The said trustees 
shall before entering upon the duties of their office, make oath 
or affirmation before some judicial officer of this Commonwealth 
to discharge the duties enjoined on them. 


4 Meetings—limit of liabilities—officers. The board shall 
meet once each month, and oftener if necessary, for transaction 
of its business. A majority of the board shall constitute a 
quorum, but no appropriation of money, except for ordinary 
or current expenditures, shall be made unless upon the affirma- 
tive vote of a majority of its members. Except for the purpose 
cof erecting a library building, the board of trustees shall not 
incur liabilities for any current year in excess of its annual 
income, including gifts and donations and unexpended bal- 
ances from previous years. The board shall, at the first meet- 
ing after the selection of its members, and annually thereafter, 
select out of their number a president and vice-president, whose 
duties shall be prescribed by its rules and regulations, and it 
may choose a secretary and treasurer and such other officers, 
agents, and servants as it may deem proper and necessary, and 
may prescribe the duties required of them, fix their compensa-: 
tion, and may remove its appointees at pleasure. 


5. Money—where deposited and how drawn out. All mon- 
eys due the board shall be deposited in some chartered bank in 
said city, to be selected by it and funds shall be withdrawn 


CITIES OF THE FIRST CLASS. 667! 


from said bank only on order of the board by check of its treas- 
urer, countersigned by its president, or by its vice-president, 
when acting in his stead. 


6. Tax—amount that may be levied—payment of—reports 
by trustees. To raise money for the establishment and mainte- 
nance of ‘the library, the general council shall annually, in its 
levy ordinance, cause to be levied and collected a tax of not 
less than two and one-half cents or more than four cents on 
each one hundred dollars’ worth of property assessed for tax- 
ation for city purposes. Upon the completion of assessment of 
property for taxation the amount levied as above shall, annual- 
ly, be passed to the credit of the library fund upon the books 
of the city treasurer, and the said amount, as collected, shall 
be paid over to the board of trustees by the city ‘treasurer in 
regular weekly installments, the first payment to be made with- 
in one week after the collection of said amount shall have be- 
begun, and the other payments to be made weekly thereafter, 
in current money, by said treasurer, as collected. The board 
shall annually, in the month of September, make a report to 
the general council, showing the use of the library for ‘the fiscal 
year ending the last day of August preceding, the receipts and 
expenditures of all moneys handled by it during the year, and 
giving such other information as may promote the usefulness 
of said library to the public or may be ealled for by ‘the gen- 
eral council. No portion of the property or fund held or raised 
for library purposes shall ever be applied to the support of any 
library not exclusively under the control and management of 
the board of trustees as herein provided. 


7. Property may be accepted by trustees. The board of 
trustees may accept such gifts and donations of property, real 
and personal, to be used for the purposes contemplated by this 
act, upon such terms and conditions not in conflict with the 
Constitution and laws of this Commonwealth, as may be agreed 
upon by the said board of trustees, of the one part, and the 
donor, of the other part, and the title of the property, as may 
be so given or donated, shall be vested in such board of trus- 
tees, and the city wherein such library may be situated may be 
a party to any deed or instrument of transfer for the purpose 
of carrying out such arrangement pertaining thereto as it may 
lawfully make; and for the purpose of acquiring all property 
of other corporations, or libraries, or societies, as may by con- 
tract or agreement under it be transferred from such library 
or association to it. | 


668 AN ACT FOR THE GOVERNMENT OF 








8. Penalty for injuring library property. The general coun- 
cil of such city shall have power to pass such ordinances im- 
posing suitable penalties for the punishment of persons com- 
mitting injury to the hbrary, or upon the grounds or other 
property thereof, or may be guilty of disorderly conduct in or 
about thé premises of the said brary, and for injury to or 
failure to return any books belonging to said library, under, 
its rules and regulations, as the board of trustees may recom- 
mend. 

All acts and parts of acts in conflict with this act are here- 
by repealed. (This section is an act of March 21, 1902; the 
numbers of the subsections are the numbers of the sections of 
the act.) 


SUBDIVISION V. 
Executive Boards. 


§ 2802. Boards of Public Works and Safety—appoint- 
ment—dqualifications. The following executive boards are here- 
by established in said cities: A Board of Public Works and 
a Board of Publie Safety. The members of said boards shall 
be appointed by the mayor, in the month of December sueceed- 
ing the election of the mayor, and the members of the boards 
so appointed shall be removable at any time at the pleasure of 
the mayor so appointing them, or of any of his successors in 
office, but not by any officer who may merely for the time be 
filling the office of mayor in the absence or under the temporary 
disability of the regularly elected or appointed mayor. The 
members of said boards shall have the same qualifications as 
members of the general council. No member or officer of the 
general council shall be eligible to membership in either of said 
boards. The first members of said boards shall he appointed 
by the mayor, as soon as practicable after the passage of 
this act. and the present boards shall cease to exist, anc the 
terms of office of the present members shall cease and de- 
termine immediately upon the passage of this act, and the ap- 
pointment of their successors, and all the powers and obliga- 
tions and duties now vested in the present executive boards, 
together with all rights of action, shall immediately vest in 
the boards hereby created and the members appointed by vir- 


§ 2802. Executive boards— when their compensation is fixed 
members of are municipal offi- it can not be changed during 
cers within the meaning of sec- their term. City of Louisville v. 
tion 161 of the Constitution, and Wilson, 99 Ky., 598; 18 R., 427. 


CITIES OF THE FIRST CLASS. 669% 


tue of this act, the same as though the aforesaid section forty 
eS not been repealed. (Section as amended by act of March 
, 1904.) 


§ 2803. Power to prescribe rules—books, records and prop- 
erty—indexes. Each board shall have power to prescribe rules, 
not inconsistent with any statute or ordinance, regulating its 
own proceedings and the conduct of its officers, clerks and em- 
ployes, the distribution and performance of its business, and 
the preservation of the books, records, papers, and property 
under its control. No extra compensation shall be allowed any 


person for indexing its records. 
» 


§ 2804. Business to be transacted at office—journal of pro- 
ceedings. All official business of the several boards shall be 
transacted at the offices thereof, and a continuous indexed 
record or minute shall be kept at such offices respectively of 
such business. Each board shall cause a full journal of its 
proceedings to be kept, and shall also cause all its receipts 
and disbursements to be faithfully entered in books to be kept 
tor that purpose. 


2805. Chairman—election—place of meeting. Hach board 
shall elect one of the members chairman, and shall make rules 
governing the time and place for holding regular and ealled 
meetings. 


“mr 


§ 2806. Member can only act by authority of board. No 
member of either board shall have any power to act on behalf 
of the same, except pursuant to an order of the board regularly 
made at a meeting at which a majority of said board shall 
have been present. 


rd 

§ 2807. Members may take part in proceedings of general 
council. The members of said boards shall have seats in the 
general council, and be entitled to take part in the proceedings 
and deliberations thereof on all matters under their charge, sub- 
ject to such rules as the general couneil shall, from time to 
time, prescribe, but without the right on the part of the mem- 
bers of said boards to vote. One member of each board may 
be compelled to attend every meeting of the general council. 


§ 2804. The requirement of mandatory as to the boards, is di- 
this section that all official busi- rectory merely so far as affects 
ness of the several ‘boards of the the rights of others. Richard- 
city shall appear of record while son v. Mehler, 111 Ky., 408. 


670 .AN ACT FOR THE GOVERNMENT OF 


§ 2808. Power to administer oaths. The members of said 
boards shall have power to administer oaths. 


§ 2809. Employment of officers and agents—compensation. 
Said board shall have the right to employ such officers and 
agents ‘as may be necessary, and, subject to such limitations 
as the general council may prescribe, may fix the compensation 
of such officers and agents. . 


§ 2810. Chief of department—appointment and removal of 
officers and employes—city engineer and assistants—examina- 
tions—salary. Each of said boards may appoint and, at pleas- 
ure, remove a chief of each department under its control. 
The board of public works shali have the power to ap- 
point a chief engineer for the city and such subordinate 
engineers as may be necessary: Provided, That all applicants 
for the position of chief engineer shall first be examined by a 
board of three competent civil engineers, to be elected by the 
general council, and that no applicant who fails to pass an 
examination satisfactory to said board of examiners shall be 
eligible to the office of chief engineer, and no person shall hold 
the position of chief engineer until he shall have first passed 
said examination. In all cases where the examination is made 
in writing, all the papers shall be filed of public record with 
the secretary of the board of public works. The general coun- 
eil shall have the power to fix the compensation of the said 
board of examiners: Provided, further, That no person em- 
ployed in the capacity of civil engineer, deputy, or any other 
capacity, under the board of public works, or in the capacity 
of civil engineer under the employment of the city govern- 
ment, except the chief engineer above provided for, shall re- 
ceive a salary in excess of one thousand five hundred dollars 
per annum. Subordinate officers and employes may be re- 
moved or punished by the board on the recommendation of the 
chief of the department concerned for cause, subject to such 
regulations as may be prescribed by ordinance or by the board. 
The cause for the removal of any subordinate as aforesaid must 
be stated in writing, and be transmitted to the board, and the 


§ 2809. Municipal officers— Ky., 598; 18 R., 427; and see 
who are within the meaning of Lowry v. City, 24 R., 516. 
section 161 of the Constitution, 
which provides that the salaries § 2810. Removal of officers. 
of municipal officers shall not be See Parsons v. Breed, 31 R., 
changed during their term. See 1136; 104 S. W., 766. 

City of Louisville v. Wilson, 99 


CITIES OF THE FIRST CLASS. 67 tj 


board may, in its discretion, retain or dismiss such subordinate. 
No officer or employe shall be removed for political causes. 
Interference in elections, electioneering, or canvassing for any 
officer or employe of said board shall be cause for instant re- 
moval. (Section as amended by act of February 9, 1894.) 


§ 2811. Officers and employes not to receive perquisites. 
No officer or employe of said boards, except the regular police 
of the city, shall receive for his own use, directly or indirectly, 
any fees, perquisites, commissions, percentages, or money paid 
to him in his official capacity, but all fees, perquisites, com- 
missions, percentages, and money paid to and received by or 
for any such officer or person shall be the property of the 
city, and shall be paid by or for him to the city treasurer. 


§ 2812. Officers and employes to account for fees received. 
Any officer, except policeman, or person in the employment of 
said boards, who shall receive any fees, perquisites, or other 
things of value belonging to the said city, shall before re- 
ceiving his salary or compensation, make, under oath, a de- 
tailed statement, and shall report to the chairman of his board, 
in such form as may be prescribed, the aggregate amount of 
all such receipts since the last preceding statement; and he 
shall deposit with the said board all such fees, perquisites, per- 
centages, or other things of value due to said city as aforesaid. 


§ 2813. Officers to make statements and returns. Said 
boards, or any member thereof, may require the officers or 
persons employed by said boards to make such statements and 
returns, if they be not made as herein provided, and may ex- 
amine such officers or persons under oath touching the mat- 
ters herein provided for. 


§ 2814. Reference of disputes to mayor. Whenever there 
is any dispute as to the powers or duties of said boards, or 
the officers thereof, the matter may be referred by either of 
them to the mayor, who shall examine and determine the 
question involved, and his decision shall be final as between 
said boards or said officers. 


§ 2815. Annual report to be submitted to mayor. It shall 
be the duty of each of said boards, annually, to submit to the 
mayor a minute report on all things under its control, with an 
estimate of the amount of money required for its departments 
for the ensuing fiscal year, stating with as great particularity 
as possible, each item thereof. Said report shall be transmitted 


672 AN ACT FOR THE GOVERNMENT OF 





by the mayor to the general council for consideration and for 
appropriate. action, with such recommendations as he may 
think proper. 


§ 2816. Taxes collected and carried to credit of executive 
boards. It shall be the duty of the mayor and the general 
council, in their annual levy of taxes, to make such levy as, 
in their judgment, shall be necessary and advisable, and the 
amount so levied shall be collected and carried to the credit 
of the said executive boards, respectively, and shall not be 
diverted from said boards, or used by the mayor and general 
council for any other purpose; but the same shall remain as 
a separate fund in the hands of the treasurer of the city. Said 
boards shall not divert the tax levy of the mayor and general 
council from the purposes of the departments for which it 
was levied. 


§ 2817. Written contracts—how to be executed. Whenever 
any contract is made by either board, it shall be executed un- 
der the seal of the corporation, and be filed in the office of the 
board, and a copy of said contract shall be east to the 
enna 


2818. Members not to be interested in contract made by 
a No member, officer,‘or employe of either board shall 
be directly or indirectly interested in any contract, or work 
of any kind whatever done under its direction; and any con- 
tract for work or material, in which any such person shall be 
so interested, shall be void. 


§ 2819. Money—upon what conditions paid out. No money 
shall be paid at any time to any person claiming under a ¢on- 
tract with the board until such person shall have first filed 
with the board his statement, under oath, disclosing the names: 
of persons directly or indirectly interested in the contract, or 
the profits thereof, declaring that no persons other than those 
named are interested, and that no person forbidden by this 
act has any interest in the same. 


§ 2820. Power to bind city, confined to amount appro- 
priated. No executive board, officer or employe thereof shall 





§ 2817. Contracts—how exe- § 2820. (1) Amount and ap- 
cuted. A contract signed by the  propriation or provision for pay- 
mayor as such, and having the ment. Under Ky. Stat., sec. 2820, 
seal of the city attached, is prop- providing that the executive 
erly executed. Fehler vy. Gosnell, boards of cities of the first class 
99 Ky:~3803 Ri4238- and their officers shall not have 


CITIES OF THE FIRST CLASS. 673. 


have power to bind the city by any contract or agreement, or 
in-any other way, to any extent beyond the amount of money 
at the time already appropriated-by ordinance for the pur- 
pose of the department under the contro] of said board; and 
all contracts or agreements, express or implied, and all obhga- 
tions of any and every sort, beyond such existing appropria- 
tions, are declared to be absolutely void. 


fed 


§ 2821. Liability for attempt to bind city beyond amount 
appropriated. Any city official who shall issue any bond, cer- 
tificate, or warrant for the payment of money upon the city be- 
yond the unexpended balance of any appropriation made for 
such purpose, or who shall attempt to bind the city by contract, 
agreement, or in any other way, to any extent beyond the 
amount of money ai the time already appropriated by ordi- 
nance for such purpose and remaining at the time unexpended, 
shall be hable to any person injured thereby, and shall be fined. 
in a sum not more than one thousand dollars, or imprisoned 
in the county jail not more than six months, or both so fined. 
and imprisoned. 


§ 2822. Contracts for expenditures—how approved. When- 
ever it becomes necessary for either of said boards to make an 
expenditure by contract, written or oral, of an amount less 
than two thousand dollars, said contract must be made with 
the approval of the mayor unless otherwise provided by ordi- 
nance. When the expenditure is to exceed two thousand dol- 
lars, the contract shall not be made without the approval of 
the mayor and the general council. If supplies and other forms 





power to bind the city to any ex- 
tent beyond the amount of 
money at the time “already ap- 


power to bind the city to any ex- 
tent beyond the amount of 
money at the time ‘‘already ap- 


propriated”’ by ordinance for the 
purpose of the department under 
the control of said board, a levy 
ordinance which, 1n subdividing 
the tax rate, designates a certain 
part of it “for street repairs,’’ 
constitutes an appropriation of 
that part of the tax rate for the 
purpose designated. City of 
Louisville v. Gosnell, 60 S. W., 
411; 22 Ky. Law Rep., 1524. 
(2) Under Ky. St. sec. 2820, 
providing that the executive 
boards of cities of the first class 
and their officers shall not have 


propriated”’ by ordinance for the 
purpose of the department under 
the contro] of said ‘board, where: 
a ipart of the contract price of 
the original construction of 2 
street was intended to cover fu- 
ture repairs the contractor was: 
entitled to recover of the city” 
that part of the price to be paid 
out of the appropriation for 
street repairs, no more specific 
appropriation being necessary. 
City of Louisville v. Gosnell, 61 
S. W., 476; 22 Ky. Law Rep., 
4624. 


G7A AN ACT FOR THE GOVERNMENT OF 





of personal property are to be purchased, they shall be pur- 
chased by the city buyer, subject to the provisions of this act. 


§ 2823. Real estate purchased by mayor for use of board. 
Real estate may be purchased by the mayor, when requested to 
do so by either of said boards for the use thereof, if the pur- 
chase price does not exceed two thousand dollars. If the pur- 
chase price exceeds said sum, he shall not purchase said real 
estate without the consent of the general council. 


SUBDIVISION VI. 
Board of Public Works. 
§ 2824. Board to consist of three members—salary. The 


‘board of public works shall consist of three members. Each 
member of said board shall receive a salary of not less than 


‘twenty-five hundred dollars. 


§ 2825. Control of public ways and property—lighting 


streets and public places. 


The board of public works shall 
have exclusive control over the construction, 


reconstruction, 


cleaning, repairing, platting, grading, improving, sprinkling, 





§ 2824. 
2802, 2781. 


See notes to secs, 


§ 2825. Corporation in exist- 
sence when Constitution twas 
sadopted and that had thereto- 
fore, for many years, ‘been laying 
its mains in the city, may con- 
tinue to do so without getting 
the consent of the board of pub- 
lic works. City v. Lou. Water 
0..%20 Ri eloe2ey Lob yh oA: 

In ease No. 57774, Jefferson 
“Circuit Court, L. & N. R. R. Co. 
v. City of Louisville, the Circuit 
Court granted a temlporary in- 
junction enjoining the city from 
constructing Roberta avenue ac- 
cording to plans and specifica- 
tions on the theory that the 
grade as estaslished was un- 
‘reasonable and that great dam- 
‘age would likely occur to the 
‘traveling public. The Appellate 
‘Court on motion dissolved the 


temporary injunction holding 
that courts had no ‘power to in- 
terfere with the Board of Works 
as to the manner in which 
streets should be constructed. 
Judges Carroll, Nunn, Hobson, 
Settle and O’Rear heard the mo- 
tion and concurred in dissolving 
the temporary injunction. 

A city is not liable to a prop- 
erty owner on account of ob- 
structions placed in a street and 
sidewalk by an adjoining prop- 
erty owner ‘when reasonably 
necessary to the construction of 
a building. In this case a gro- 
ceryman Claimed that he ‘had lost 
customers by reason of the ob- 
structions. Button v. City of 
Louisville, 118 8S. 'W., 977. 

Where a city permits a prop- 
erty owner to use a portion of a 
street in erecting a building the 
city must use ordinary care to 
see that proper ‘warnings are 


CITIES OF THE FIRST CLASS. 





lighting and using of all streets, alleys, avenues, lanes, market- 
houses, bridges, sewers, drains, wells, cisterns, ditches, cul- 
verts, canals, streams and water-courses, sidewalks, curbing 
and the lighting of puble places. 


§ 2826. Improvements to be directed by ordinance—plats. 
and maps to be recorded. No public way shall be opened,,. 
widened, narrowed, closed or constructed, and no sidewalk 
shall be constructed or reconstructed, and no public wells and. 


given to pedestrians to avoid in- 
juring them. Grider v. Jefferson 
Realty Co., 116 8S. W., 691. 

Where a plank over a culvert 
has from long use and lack of 
repair rotted away, the city is 
presumed to have knowledge of 
the fact and actual notice is un- 
necessary. City of Louisville v. 
Lamibert, 116 S. W., 261. 

A tax-payer has the right by 
mandamus to compel the Board 
of Works to offer for sale a fran- 
chise created (by the General 
Council whenever the board was 
ordered to make the same, and 
when he, as a Citizen, is inter- 
ested in having the franchise put 
into operation. Louisville Home 
Telephone vy. City of Louisville, 
mle 6. WwW. 855. 

An existing franchise may be 
modified sy the sale of another 
by the city to the holder of the 
first franchise, where such modi- 
fication is necessary to secure ef- 
ficient public service and it can 
not be said that an indebtedness 
to the municipality is thereby 
released. Id. 

(2) Street sprinkling. ‘The 
sprinkling of city streets, being 
necessary to ‘preserve the public 
health and comfort, is a pub- 
lic purpose; and hence an ordi- 
nance levying a tax for street 
sprinkling purposes is not uncon- 
stitutional, under Const., sec. 
171, providing that taxes shall 
be levied and collected for public 
purposes only. Maydwell v. City 
of Louisville, 76 S. W., 1091; 25 
Ky. Law Rep.,.1062; 63 L. R.A., 
655. 


§ 2826. (1) Construction and. 
effect of section. Richardson v. 
Mehler, 23 R., 917; Barber As- 
phalt Co. v. Gaar, 24-R., 227. 

(2) Public way—can not ‘be 
closed by city without legislative: 
authority. City v. Bannon, 18 R..,. 
BPN age! a 5 an aa Br: 

(3) Necessity for consent of 
owners of property  affected.. 
The charter of the city of Louis- 
vilie provides for the closing up: 
of any of its streets, dividing any 
of the squares or lots thereof, by~ 
an action Sy the city against all. 
the owners of ground on :the 
square or lot, and authorizes the: 
court to decree the closing if all. 
such shall consent, or if satisfied 
that it will be beneficial to the 
city, and not injurious to any of 
such landowners not consenting. 
In an action to close up the east— 
ern end of a street, in a square 
on which appellants owned land 
and lived, it appeared that in or- 
der to go east, where the center 
of trade lay, they would first 
have to go west to the next: 
street, then north or south to an— 
other street, thence east. Held,. 
that the court had no authority 
to close the street without the 
owners’ consent, as it would ber 
depriving them of their property 
without due process of law. Gar— 
gan v. Louisville, N. A. & C. Ry. 
Cows ys 262s 12 S.-W., 25695 
11 Ky. Law Rep., 489; 6 L. R- 
A., 340. 


‘G76 AN ACT FOR THE GOVERNMENT OF 


eisterns shall be dug and walled, except by ordinance recom- 
mended by the board of public works. 

Hereafter no plat or map laying out or offering for dedica- 
tion any public way or easement in the territory within the 
Jimits of the city or within three miles of the said limits as 
then existing, shall be received for record by, or be recorded 
in the office of, the clerk of the county court of the county, 
except upon the conditions hereinafter named; and if the de- 
scription of any deed, lease, mortgage or bonds for titles to 
land within said territory refers to or is based upon any map 
or plat not now recorded or described the land as binding 
‘upon any street, avenue, alley or other public way proposed 
or offered for dedication, immediately, or in the future, for 
‘the use of the public, and the purchaser, lessee, or mortgagee, 
said instrument or writing shall not be received for record 
by, or be recorded in the office of, the clerk of said court ex- 
cept upon the following conditions namely: 

(a) Whenever any person desires to lay out or offer for 
dedication, by a recorded plat, any such public way or ease- 
ment within the city limits, he shall file with the Board of 
Public Works a topographical map or plat of the territory 
‘bounded or intersected or immediately adjacent to said pro- 
‘posed public way or easement showing the levels of said land 
and the proposed names, nature and dimensions of the said 
‘public way or easement proposed or offered for dedication ;, 
and, if said board think such proposed dedication of said 
‘public way or other easement would be beneficial to the public 
interests and suitable for the immediate or future acceptance 
of the city, said board shall approve the said map or plat and 
the chairman or secretary of said board shall subscribe a cer- 
tificate of approval cn said map and acknowledge the execu- 
‘tion thereof before any officer authorized to take an acknowl- 
edgement to deeds; and thereupon said map or plat may be 
received for record, by and be recorded in the office of the 
clerk of the county court. 

If said board refuse to approve said map or plat in thirty 
days, the person offering the same may file a petition in the 
circuit court of the county against the city, stating the facts 
and filing a copy of said map or plat and said suit shall begin 
and proceed and be tried as a civil action in equity, and if the 
court, at the hearing believe that the plaintiff has shown that 
said proposed dedication would be beneficial to the publie in- 
‘terest and suitable for the.immediate or future acceptance of 
‘the city, the court shall order said map or plat to be received 
by the elerk of the county court for record in his office when 


CITIES OF THE FIRST CLASS. Ware 


the legal fees for recording the same have been paid or ten- 
dered. 

(b) Whenever any person desires to lay out or offer for 
dedication, by a recorded plat, any such publie way or other 
easement outside the limits of the city, but within three miles 
thereof, he shall file a like topographical map with the Board 
of Public Works and also with the judge of the county court 
and if said board and said judge think such proposed dedica- 
tion would be beneficial to the public interests and suitable for 
the immediate or future acceptance of the city when its boun- 
daries embrace said land said board and said county judge 
shall approve said map or plat in the manner above provided 
and said map or plat shall be received for record by and be 
recorded in the office of, the clerk of the county court upon the 
payment of the legal fees therefor. 

If said board or said county judge refuse for thirty days 
to approve said map or plat, the person offering the same 
shall have the right to take a like appeal to the circuit court as 
provided for above. 

The mere approval of such map or plat by the Board of 
Public Works or the county judge shall not be treated or held 
as of itself an acceptance of such an offer of dedication by 
the puble authorities of the city or county, but when said 
puble authorities are ready to accept or improve the public 
ways or other easement, in the territory covered by said map 
or plat, they shall be accepted or improved in conformity with 
said map or plat. 


Any person who shall lodge for record in the county clerk’s 
office and any county clerk or deputy of the county clerk, 
who shall receive for record or permit to be lodged for rec- 
ord, any plat or map or deed or other instrument contrary to 
the provisions of this act shall be guilty of a misdemeanor and 
be fined not less than twenty-five dollars and not more than 
one hundred dollars for each offense. (As amended by act 
approved March, 1906.) 


§ 2827. Public buildings—supervision and control of. Said 
board shall have supervision and control over the construction, 
repairing, cleaning, lighting, and heating of all publie build- 
ings, and over all public improvements of the city. 


§ 2828. Estimate of cost of work and material.. Whenever 
any work is to be done by the employes of the board, a careful 
estimate shall be made of the cost of such work or material, 
and said estimate in writing, shall be at once placed on file 
with the records of said board. 


AN ACT FOR THE GOVERNMENT OF 


§ 2829. Contracts — specifications — publication for pro- 
posals—acceptance of bids.. Whenever said board shall order 
any work to be done which, either by order of said board or 
according to law, is to be performed by independent contract, 
said board shall prepare and place on file in the office of said 
department complete drawings and specifications of said work. 
Thereupon said board shall cause a notice to be published in 
one daily or weekly newspaper of general circulation published 
in said city, once in each week for two weeks, informing the 
public of the general nature of the work, of the fact that the 
drawings and specifications are on file in said office, and of 
the nature and extent of the bond or security required, and 
calling for sealed proposals for said work by a day not earlier 
than ten days after the first of said publications. The board 
may, in its discretion, fix a later day for receiving said sealed 
proposals, provided such date shall be mentioned. in each of 
said notices. Said board shall let said contract to the lowest 
and best bidder, which contract shall be subject to the ap- 
proval of the general council. Said board shall have the power 


to reject any and all bids. (Section as amended by act of 
March, 1906.) 


e 


§ 2830. Alteration in plans and specifications. When, in 
the opinion of the board, it shall become necessary, in the prose- 





§ 2829. (1) Presumption that which is authorized to appoint 


officers did their duty under this 
section in placing on file requi- 
site drawings and specifications. 
Henning v. Stengel, 23 R., 1793. 

(2) Sufficiency of notice— 
waiver. After contract let and 
work performed it is too late to 
reply on technical objections to 
the notice. Fehler v. Gosnell, 99 
Ky., 380; 48°R., 238: and see 
note (8) to sec. 2834. 

(3) Plans and specifications. 
Under Ky. St., sec. 2829, requir- 
ing the board of public works of 
a city of the first class, before 
advertising for bids, to prepare 
and place on file complete draw- 
ings and specifications of the 
work, it is sufficient for the city 
engineer or his assistant to ipre- 
pare such drawings and specifi- 
eations, and file them in his of- 
fice, pursuant to the course of 
business prescribed by the board, 


such engineers and other agents 
as may be necessary, and to pre- 
Scribe rules for the conduct of 
its officers, and for the distribu- 
tion of its business, and the pre- 
servation of the books and pa- 
pers under its control. Barret v. 
Falls City Artificial Stone Co., 52 
S.. W., 947, 21. Ky). Law Rens 
669. 

The Board of Works is not 
Sound to accept the lowest bid 
made but, in the absence of 
fraud, may take into considera- 
tion other things than mere 
price. Louisville Steam Forge 
Co. vy. “Gast, 1715S: Wile 


§ 2830. Effect of non-perform- 
ance or defective performance of 
contract. Ky. St. 1899, sec. 2830, 
provides that when, in the opin- 
ion of the board of public works, 
it becomes necessary to make any 


CITIES OF THE FIRST CLASS. 67% 


eution of any work, to make alterations or modifications in 
the specifications or plans of a contract, such alteration or 
modification shall be made only by order of the board ,and such 
order shall be of no effect until the price to be paid for the 
same shall be agreed upon in writing, and signed by the con- 
tractor and approved by the board. 


§ 2831. Condemnation of property for municipal purposes. 
‘Whenever property shall be needed for appropriate municipal 
purposes, either within the boundaries of the city or the 
eounty, the board of public works may, with the consent of 
the mayor, if the amount be under two thousand dollars, order 
the condemnation of such property; and if the amount be 
over two thousand dollars may, with the consent of the mayor 
and the general council, order the condemnation of such prop- 


erty. 


alterations in the specifications 
of a contract, the alteration shall 
be made only by order of the 
board, and that it shall be of no 
effect until the price to be paid 
for the same shall be agreed upon 
in writing. Held, that where a 
railroad crossed at an acute an- 
gle a street ‘which was ‘being im- 
proved, and, by agreement be- 
tween the board of public works 
and the railroads, the crossing 
was constructed by the railroad, 
at its expense, at right angles, 
and the only change in the con- 
tractor’s work was in the slight 
deflection in the carriageway 
from a straight line, there was 
nothing to defeat the improve- 
mem lier. Orth v. B.. B. Park 
Menten cos, W,, 2063925 Ky: 
Law Rep., 1910; B. B. Park & 
Co. v. City of Louisville, Id.; 
Louisville & N. R. Co. v. B. B. 
Park & Co., Id. Rehearing de- 
mica. Same v. Park; 80 -S; W;,, 
1108; 26 Ky. Law Rep., 184. 


§ 2831. The city of Louisville 


has the power under thiis section 
to condemn land for streets and 
highways, Louisville & Nash- 
ville R. R. Co. v. City of Louis- 
ville, -114 S. W., 742, .and may 
condemn the right of way of a 


The proceedings for the condemnation of property for 





railroad to the extent of causing 
the street to cross over the right 
of way where such crossing does 
not unreasonably impair the use 
of the right of way for railroad 
purposes. Id. 

The question of necessity of 
condemning property for a pub- 
lic use is a _ legislative one 
which the court will not review, 
except in rare cases; and where 
the land is sought for a public 
street, the fact that a particular 
individual will obtain a special 
henefit is no defense to the ac- 
tion..* 1d; 

The measure of damages 
where a railroad right of way is 
condemned for a street crossing 
is the diminution in the value 
of the right of way caused by 
the additional user. The railroad 
company is not entitled to com- 
pensation for the land taken (as 
none is taken) nor to compen- 
sation for maintaining gates and 
flagmen, or for the ‘increased 
danger from accident; or for con- 
structing or maintaining the 
crossing; nor for damages caus- 
ed by an improper construction 
of the work, a separate ‘action 
being maintainable for this last 
item. Id. See same case on 
second appeal, 122 S. W., 849. 


680 


AN ACT FOR THE GOVERNMENT OF 





such purposes shal be instituted and prosecuted in the name 
of the city, by the city attorney, as provided in this act for 


the condemnation of property for park purposes.” 


(As 


amended by act of March 24, 1904.) 


SUBDIVISION. VII. 


Puble Ways. 


° 


§ 2832. Public ways—improvements—meaning of terms. 


Public ways, as used in this act, shall mean all puble streets, 
alleys, sidewalks, roads, lanes, avenues, highways, and thor- 


§ 2832. (1) Adverse posses- 
sion of street. If a person has 
been permitted to remain in the 
continued actual adverse '‘posses- 
sion of a street or part of a 
street, for a period of fifteen 
years, he will ‘be vested with the 
complete title to the ground 
actually occupied by him. Corn- 
SVL Gas tla SN eae RECs Re se nin 
Ky., 72; 9 R., 924. Possession, 
however, since the General Stat- 
utes, does not become adverse 
until the municipal corporation 
has been notified that it is so 
intruded. See sec. 2546 and 
notes. 

(2) Closing streets and alleys. 
The Legislature has no power to 
pass an act closing either the 
whole or part of an alley without 
the consent of abutting, lot own- 
ers. Bannon v. Rohmeiser, 90 
Ky 482° 47 2R 70 87 et yecan 
not close one end of a street 
without making compensation to 
the owner of the property bor- 
dering on the street who is there- 
by deprived of convenient access 
to other streets. Gargan v. L., 
N. A. & C, Ry: Co,, 89 Ky. 212; 
11 R., 489. Nor ean an alley 
which is a public way ‘be closed 
against the will of the persons 
owning lots in the square 
through which the alley runs 
and who have an easement over 
it unless it is closed for or on 
account of some public use. City 


of Louisville v. Bannon, 99 Ky., 
714; 18 R,, 10; Martin’ yy. City.cn 
Louisville; 97 Ky-., 30; 71Gary 
786. <A resolution of the Louis- 
ville city council, vacating an- 
alley over which abutting owners 
have a right of way is void. 
Rohmeiser v. Bannon (Ky.) 22 
S. W:, 273015 Ky Laws eps 
114; Same v. Judge of Louisville 
Law and Equity Court, Id; Ban- 
non v. City of Louisville, Id. 

(3) Condemnation of street 
for railroad. In the absence of 
express statute a railroad com- 
pany can not condemn and ap- 
propriate to its use, ad libitum, 
land already dedicated to the 
public for streets. Not only the 
city, but the owner of the fee, 
may enjoin the condemnation 
upon the ground that it would 
be a special injury to him. Corn- 
walliwol. & N. BR. Re Copsei sae 
12t2 92 eS 

(4) Construction of railroad 
in a street is not per se an en- 
eroachment upon abutting lot 
owners; if he is deprived of the 
reasonable use of the street, he 
may have relief, but if he is 
merely inconvenienced he is 
without relief. ‘Case of an ele- 
vated railway. Fulton vy. Short 
Route, Transfer Co., 85 Ky., 
640; 9 R., 291; and see Dulaney 
v. L. & N. RoR, 100° Ky aeeeee 
18 R., 1088; Ky. & Ind=BmdesS 
Co. v. Kreiger, 93 Ky., 248; 13 


CITIES OF THE FIRST CLASS. 


oughfares. 


O81 





Improvements, as applied to public ways, shall 


mean all work and material used upon them in the construe- 
tion and reconstruction thereof, and shall be made and done 


as may be prescribed herein. 


No ground laid off and dedi- 


cated as a street or alley by the owner within any territory 


R., 219; and see sec, 242 of Con. 
and notes. 

(5) City council, when author- 
ized by the Legislature, may 
grant a right to construct and 
operate an electric or steam rail- 
way upon the public streets. 
Louisville Bagging Co. v. Central 
Pare sty On Coon ye, 50% 15+R., 
417. 

(6) Dedication of streets and 
alleys. Where the owner of land 
adjacent to a city lays it out into 
building lots, streets, and alleys, 
and sells lots as bounded by such 
streets and alleys, this is an im- 
mediate dedication of the streets 
and alleys to the purchaser and 
public, although they have not. 
been actually opened. Schneider 
Wooo. 6G hy. 10129 KR, 382. 

(7) Adverse user. The fact 
that the citv passed an ordinance 
authorizing the condemnation 
and opening the passway as a 
street was not a disclaimer by it 
that the strip was previously a 
public way. Eastern UCemetery 
Cory, City of Louisville, 13°-R., 
279. 

(8) Implied dedication of 
streets—-partition—plat—accept- 
ance and enjoyment of improve- 
ments made by the public—effect 
of certain reservations in the 
deed and plat to the effect that 
the streets ‘were not to be con- 
sidered as dedicated to the pub- 


lic. Caperton v. Humpich, 95 
My LODs tb R° 430. 

(9) Dedication—when  pre- 
sumed. Kaye v. Hall, 13 B. M., 


455; Wickliffe v. Lexington, 11 
B. M., 155. 
(10) Easement of lot owner in 


street. Citizen’s right to unob- 
structed use of contiguous 
streets, ete. Transylvania Uni- 
versity v. Lexington, 3 B. M., 


- 


25. Granting easement in street. 
Right of way granted to rail- 
road. L. & O. Ry. Co. v. Apple- 
gate, 8 Dana, 289. The exclu- 
sive use of a street is in the pub- 
lic, even when the fee to the 
center is in the jabutting lot 
owners. J., M. & I. R. R. v. Es- 
terle, 13 Bush, 667. The occupa- 
tion and use of a street Sy a 
steam railroad does not entitle 
the adjacent lot owners to com- 
pensation as for property taken 
for public use. E. & P. R. R. y. 
AAVOTIHOSO Ie Voge EeY ag Dag) Li bets 
395; but see Con., sec, 242, and 
notes. 

(11) Elevated railroads. A 
charter to build a railroad con- 
fers the right to elevate it wher- 
ever the character of the country 
makes it convenient or essential. 
Legislative recognition of right 
to elevate—ordinance. Fulton 
y. Short: Route Tr. Co., 85. Ky., 
04 Ui 9. Tee eo. b, 

(12) Grade of proposed street 
to be fixed by council. The city 
council can not delegate its au- 
thority to fix the grade of streets 
it orders to ‘be opened. A peti- 
tion to enforce the lien is defec- 
tive unless it alleges that the 
grade was fixed by council. Za- 
ble v. Baptist Orphlans’ Home, 
Oo Vireo ed He ase: 

(18) Injury to property by im- 
proving street. For unnecessary 
injury to property in making im- 
provement the city, and not the 
eontractor, is liable, the con- 
tractor having done the work as 
required by the ordinance and 
contract. Liability for surface 
water flowing on adjacent lots. 
Pearson v. Zable, 78 Ky., 170; 
see Kemper v. WZouisville, 14 
Bush, 87; and notes to sec. 242, 
Con. Cases in which it was held 


682 AN ACT FOR THE GOVERNMENT OF 





heretofore or hereafter annexed to the city shall be a public 
way of the city until the dedication by the owner as such shall 
have been accepted by a resolution or ordinance of the general 
council, recommended by the board of public works. Upon 
the adoption of a resolution by the general council authoriz- 
ing and directing such action, it shall be the duty of the city 
attorney to institute suit for the city in the circuit court for 
the purpose of closing any street or alley dividing any of the 
squares of lots within the limits of the city, and to such suit 
all the owners of ground in the squares or lots divided by the 
street or alley sought to be closed abutting on such street or 
alley shall be made defendants, and if all of such defendants 
are competent to act for themselves and consent in writing 
to the closing prayed for, then the court shall render a decree 
accordingly, but without such consent, the court shall hear 
proof made by the parties, and if satisfied from the evidence 
that the closing would be beneficial to the eity, and not in- 
injurious to any party not consenting, shall render a decree 
closing such street or alley. (Sections as amended by act of 
March 22, 1902.) 





an action would not lie. Keasy 
v. Louisville, 4 Dana, 154; 


Hawes v. 
667. 


Louisville, 5 Bush, 


Woltervs: C6. De eit pine aie: Be 
M., 404; L. & F. R. R. v. Brown, 
GB. M., T6838. NS &-C. Bridge 
Co. v. Foote, 9 Bush, 264. Ob- 
struction of light, air or private 
passway—right of action. Keasy 
v. Louisville, 4 Dana, 154; 
Louisville v. Louisville Rolling 
Mill, 3 Bush, 416. 

A municipality is not liable 
under the original estalblishment 
of a street grade unless done 


negligently. City of Owenstoro 
V>sHope, "118 °'S." W.,. S73 22s 
Ky., 524. . 

(14) Liability of city for 


ground taken in widening street. 
A street was (widened, taking 
thirty feet from H’s lot. After- 
ward H conveyed the lot to D, 
reserving the right of jaction 
against the city for wrongfully 
converting the thirty feet. He 
can not recover the thirty feet— 
whether the city is liable to him 
in damages is not decided. 


(15) Lots bounded on streets 
and alleys. Where deed calls for 
a street or alley as a boundary, 
the gnantee acquires title to the 
center of the street or alley. Ja- 
cob v. Woolfolk, 90 Ky., 426; 12 
R., 400; Schneider v. Jacob, 86 
Ky, UL ao ee 

(16) Opening of streets and 
alleys. Act prohibiting except 
by city authoritues. City may 
take notice of streets and alleys 
opened by persons through their 
property, and doing so previous 
consent to their being opened 
will be presumed. Kaye v. Hall, 
TS hs ine ; 

(17) Right to alley by user. 
The status of an alley was not 
changed by a resolution of the 


city council refusing to accept it 
as a public ‘way. Persons by long 


use having acquired the right to 
use it ‘without obstruction. Roh- 
meiser v. Bannon, 15 R., 114. 


CITIES OF THE FIRST CLASS. 


683 


§ 2833. Original construction—cost—square defined— ter- 
ritory not defined—wells and cisterns—lien.. When the im- 
provement is the original construction of any street, road, 
lane, alley, or avenue, such improvement shall be made at the 


Parties to Suit to Close Street. 


A person whose property does 
not abut on the portion of the 
street sought to Se closed and 
who has ample facilities for in- 
gress and egress ‘by other streets 
is not a necessary party in a suit 
to close a street. Haller v. City 
of Louisville, 107 8S.’ W., 741. 


_ § 2833. (1) Agreement to keep 
in repair. Contracts for construc- 
tion of street with agreement to 
keep it in repair for five years. 
Retention of part of cost of work 
as security. Action by assignee 
of contractor. Necessary aver- 


ments. City of Louisville v. 
Munidoon, 94 Ky., 462; 15 R., 
233. Stipulation construed to 


mean that the contractor was 
only bound to make good such 
portions of his work as might 
prove, within the specified time, 
to Jhave been defectively done. 
Louisville. v. Henderson, 5 Bush, 
515. Itis the duty of the city to 
keep streets in repair, and if the 
guaranty of the contractor im- 
posed any burden on the dot 
owners, they should to that ex- 
tent be relieved. Covington Vv. 
Dressman, 6 Bush, 210. It is 
not unreasoniable to require the 
contractor to maintain a plant 
in the city during the five years. 
Barber Asphalt Pav. Co.~ v. 
Gear, le “So W., 1106; 24° Ky. 
Law Rep., 2227; City of Louis- 
ville v. Barber Asphalt Pav. Co., 
Id.: Walsh v. Same, Id.; Raffo 
v. Same, Id. 

A contract requiring a con- 
tractor for a street pavement to 
keep it in repair for a number of 
years will include defects caused 
by gas leaking from mains lo- 
eated in the streets, if such de- 
fects are not expressly excepted 


——) 





from the operation of the con- 
tract. Barber Asphalt Paving 
Co. v. City of Louisville, 97 S. 
Wecotud tieclve: mn UING Soe 1648 

(2) Benefit to owner—public 
need. When the council has de- 
cided that the assessed area as 
an entirety will ‘be benefitted by 
the contemplated improvement, 
a lot owner may be compelled to 
pay his part of the cost, unless 
the assence of benefit and of 
public need of the improvement 
make it manifest that the burden 
amounts to spoilation. Preston 
¥. Rudd; 84 Ky:, 150; T R:, 806. 
In order to make adjacent prop- 
erty liable for cost of improving 
a street it is not necessary that 
the city or contractor should 
show benefit to the owner. Nevin 
Wo Rad Car) bs Cs Vis eee ie) ieee, 
819; Pearson v. Zable, 78 Ky., 
170; City of Lou. v. Bitzer, 24 
Teetocuor 

(3) City can not delegate its 
authority. The power to pass 
ordinances to improve streets is 
legislative and can not be dele- 
gated. Hydes v. Joyes, 4 Bush, 
464. 

(4) Curing invalid assessment, 
An amended act attempting to 
cure a void assessment was de- 
clared inoperative. Slaughter v. 
Louisville, 12 R., 61. 

(5) Double taxation — what 
will amount to. Where one part 
of a city has improved its streets 
by taxing the owners of property 
thereon, the same owners can not 
be taxed to improve the streets 
in another part of the city in a 
like manner; but a contingency 
may arise ‘when it would be 
proper to resort to a popular 
vote and obtain, by the consent 
of those taxed, the right to con- 
tract such a debt as is necessary 
to make the improvement. 


684 


AN ACT FOR THE GOVERNMENT OF 


exclusive cost of the owners of lots in each fourth of a square 
to be equally apportioned by the Board of Public Works, ac- 
eording to the number of square feet owned by them, respec- 
tively, and in such improvements the cost of curbing shall 
constitute a part of the cost of the construction of the streets 


or avenue, and not of the sidewalk. 


Each subdivision of the 


territory bounded on all sides by principal streets shall be 


deemed a square. 


Frantz v. Jacob, 88 Ky., 525; 
et Ua oF 
(6) Hxemption from assess- 


ment. The word tax or taxation 
when used in the statute exempt- 
ing property from taxation, does 
not include local assessments 
unless used in connection with 
other words indicating such in- 
tention. Zable v. Louisville 
Baptist Orphans’ Home, 92 Ky., 
$95.15 Re B85) Kilene vi Trus- 
tees, 94hKy) 4897-15 Ros. 

(7) Homestead miay %e sub- 
jected to lien for street improve- 
ments. Nevin vy. Allen, 15 R., 
836. 

(8) Location of carriage-way 
—center. Where the ordinance 
for the ‘construction of a car- 
riage-way merely defines the 
width, leaving it to the engineer 
to locate the way, the owners of 
abutting property can not escape 
the ‘burden of the cost, although 
the engineer did not locate the 
way in the center of the street so 
as to leave the equal space on 
each side of the way for side- 
walks, the (property owner not 
being entitled as a matter of 
right to a certain space for a 


sidewalk. Nevin v. Roach, 86 
KY. 4.9 oie see le 
(9) Objection to improve- 


ments—when to be made. The 
courts can not be resorted to to 
avoid the payment for work al- 
ready done in conformity with 
the ordinance and contract. The 
power of the court should be 
invoked before the improvement 
is made. Preston v| Roberts, 
12 Bush, 570; Barber Asphalt 
Coan .Gaar, 2a Rietazu. 


When the territory contiguous to any pub- 


(10) When the work is com- 
pleted and the contract com- 
plied with ‘tthe lot owner can not 
be relieved from payment ‘by 
reason of an error of the council 
in the apportionment of the bur- 
den. Cooper v. Nevin, 9/0 Ky., 
85; 11 R., 875; and see, further, 
note (3) sec. 2834. 

(11) Ordinances need net be 
spread on the records. It is not 
necessary that an ordinance for a 
street improvement, or the con- 
tract and appointment made 
pursuant thereto, should %e 
spread in full upon the records 
of the city council. Nevin v. 
Roach, 86 Ky., 492; 9 R., 819. 

(12) Ordinance—passage of — 
presumption. Single entry iby 
clerk upon the records of the 
council that ordinances for the 
improvement of several streets, 
naming them, were passed, does 


not show that they were all 
voted upon separately, as re- 
quired by the charter. ‘Nevin vy. 


Roach, 86 Ky., 492; 9 R., 819. 

(13) Error (of any) in failing 
to vote on an ordinance on two 
different days is one which comes 
within the provisions of another 
section, that ‘“‘no error in the pro- 
ceedings of the general council 
shall exempt from payment after 
the work has been done; 
and in no event shall the city be 
liable.’’ Broadway Baptist Church 
v. McAtee, 8 Bush, 510. 

(14) Original Construction. 
Where a portion of a turnpike 
was taken into the city by the 
extension of its limits and hbe- 
came a public way of the city, 
the regrading and paving thereof 


CITIES OF THE FIRST CLASS. 


685 


lie way is not defined into squares by principal streets, the 
ordinance providing for the improvement of such puble ways 
shall state the depth, not exceeding five hundred feet, on both 
sides of said improvement to be assessed for the cost of mak- 
ing the same, including the cost of the improvement of the 
intersections, if any, of said public way, according to the num- 
ber of square feet owned by the parties respectively within 


the depth, as set out in the ordinance. 


was an “original construction.”’ 
McHenry v. Selvage, 99 Ky., 
233; 18 R., 473; and see City 
wi Tyler, 23° Ry 827. 

There is no original construc- 
tion where a water company for 
purposes of its own constructed 
a@ street at its own expense. 
Sparks v. Barber Asphalt Pav- 
ing Co., 112 S. W., 830. 

(15) Original construction, 
For full discussion see Barfield 
v. Gleason, 23 R., 128. 

(16) Owners hold subject to 
right of the city to improve. 
Lot owners may be presumed to 
have purchased in contemplation 
of the power of the city to make 
such improvements as are ordi- 
nary and useful; but when the 
improvements are extraordinary 
and so peculiarly injurious to 
the owners as to result to some 
extent in the deprivation of the 
use of their property and injury 
to their business, such improve- 
ments should not be made with- 
out compensation. Louisville v. 
Louisville Rolling Mill Co., 3 
Bush, 416. 

(17) Reconstruction of street, 
Ordinance passed under act re- 
quiring a street to be torn up 
and reconstructed at the cost of 
adjacent lot owners held valid. 
Bradley v. McAtee, 7 Bush, 667. 

(18) School property held {by 
the school ‘board for the use of 
the public schools is not subject 
to seizure or sale for street im- 
provements. City of Louisville 
v. Leatherman, 99 Ky., 213; 18 
R., 124. 

(19) Square—territory not de- 
fined—corner lots. The territory 


The general council 


may be so large as to authorize 
the conclusion that it could not 
have been intended to be a 
square within the meaning of 
the charter in regard to street 
improvements; but the mere 
fact that a square is larger than 
the usual squares of the city will 
not authorize such conclusion. 
Nevin v. Roach, 86 Ky., 492; 9 
R., 819. What deemed a square. 
Broadway Baptist Church v. Mc- 
Atee, § Bush, 510; Caldwell v. 
Rupert, 10 Bush, 179. 

(20) In assessing property un- 
der the charter it is not neces- 
sary to confine each assessment 
and apportionment inflexisly to 
a single square. Property in 
adjoining squares may, in some 
cases, ‘be included. Stengel v. 
Preston; S6°Ky,, 6165-11 R.,-796. 

(21) Rule when the property 


assessed is not defined into 
squares. Loeser v. Redd, 14 
Bush, 18. If the territory con- 


tiguous to the street is defined 
into squares, the charter fixes 
the district, and the council nas 
no right to define the taxing dis- 
trict. Mode of apportioning the 
burden when territory on one 
side of the street has been de- 
fined dnto ordinary squares and 
that on the other side has not. 
Cooper v. Nevin, 90 Ky., 85; 11 
R., S76; Preston. vy. Roberts, 12 
Bush, 570; Dumesnil v. Shanks, 
MO Seba hic Peay Oy aed S Saat Ga 

(22) Street along square, part 
of which has ‘been previously 
constructed at the cost of adja- 
cent lot owners. Rule as to ap- 
portionment. Beck v. Obst, 12 
Bush, 268; and see Washle v. 


686 AN ACT FOR THE GOVERNMENT OF 





shall have power by ordinance, recommended by the board 
of public works, to cause the digging and the walling of pub- 
lic wells and cisterns, and the placing of water-plugs and fire- 
hydrants and attachments to street water-pipes in the public 
ways, and to apportion the cost thereof exclusively against the 
owner of lots fronting the public ways to the middle of each 
square from the intersection at or near which the work shall 
be located according to the number of square feet in such 
lots, or in any other equitable mode of apportionment which 
the general council may prescribe by ordinance, and lien shall 
exist against such lots for the respective apportionment by 
the board of publie works, of the cost of digging and walling 
of public wells and cisterns, and the placing of water-plugs 
and fire-hydrants and attachments to street water-pipes, with 
interest from the date of the apportionment at the rate of 6 
per cent. per annum until paid. 


of March, 1906.) 





(Section as amended by act 





Nehan,: U7 eR yn S515 cor hi as ey 


Dumesnil vy. Shanks, 97 Ky., 
SOs, FL le alk (04 DUI OsTin ay. 
cleason, . 90° Ky., "6b25>5 187): 
475. 


(23) Case when improvement 
does not extend the whole dis- 
tance of the square or reach 
some of the property assessed. 
Boone v. Nevin, 15 R., 574. 


(24) Provisions in charter 
placing the costs of improve- 
ments wpon owners of lots in 


each fourth of a square to be 
equally apportioned, ete., accord- 
ing to the number of square feet 
owned by them respectively, ex- 
cept corner lots, which shall pay 
twenty-five per cent. more, held 
to be valid. Broadway Baptist 
Church v. McAtee, 8 Bush, 510. 

(25) See diagram in opinions 
illustrating the principle upon 
upon which assessments should 
be made. Schmelz v. Giles, 12 
‘Bush, 491; Button v. Kremer, 
Oa} Fi le. 

(26) Proper apportionment 
where property adjacent to city 
boundary line. Bullitt v. Gos- 
neli; 1i8“Ky:5:.329. 

(27) Subsequent act will not 
vitalize void ordinance. Ordi- 
nance conferring no legal author- 
ity to make and let the improve- 
ments when put under contract 





can not *%e validated by subse- 
quent act. Hydes v. Joyce, 4 
Bush, 464. Ordinance reported 
to council, but which is not 
shown by the record to have been 
adopted, can not be declared by 
a subsequent council to have 
been adopted by the former. 
Covington v. Ludlow, 1 Met., 
298. 

(28) Lot defined. This is a 
proceeding to subject a triangu- 
lar lot of ground used as a right 
of way for.the L, & N.7RY H.oCa. 
to a lien for street improvements. 
It is insisted that said lot is only 
a right of way, and not subject 
to payment for street imfprove- 
ments, also that it receives no 
benefit from said improvement. 
Held, That said objections are 
not tenable. It is also contended 
that the right of way is not a 
lot in the meaning of the statute 
governing street improvements. 
Held, That under the statute 
governing street improvements a 
lot is any piece of land within 
the territory defined by the stat- 
ute or the general council where 
the territory to be assessed is not 
bounded by principal streets. 
The use or the nonuse, or the 
character of the use to which the 
parcel of land is put, does not de- 
termine the question whether it 


CITIES OF THE FIRST CLASS. 687 


§ 2833a. Claim against State for improvements—how paid. 
That when any public way, or other public improvement in 
any city of the first-class in this Commonwealth, is ordered 
or directed, by ordiance of the general council of such city to 
be constructed, which, according to the provisions of the act 
for the government of that class of cities, may be lawfully 
constructed at the cost of the owners of the lots of ground ad- 
jacent to such improvement, or within the taxable limits there- 
for, defined as provided in such act, and any such real estate 
within such taxable hmits is owned by the State of Kentucky, 
or is held in trust for the public use of the State, the propor- 
tionate part of the cost of making such public way or other 
public improvement shall be apportioned against the real es- 
tate of the State in like manner as against other lots of ground 
within such taxable limits, and an apportionment warrant or 
statement thereof shall be certified by the board of public 
works of such city to the Auditor of Public Accounts, who 
shall thereupon draw his warrant on the State Treasurer for 
the amount of such appartionment warrant or certified state- 
ment in favor of the person named therein as entitled to the 
amount thereof, and the State Treasurer shall pay said war- 
rant drawn by the Auditor out of any money in the treasury 
not otherwise appropriated. (This section is an act of Feb- 
ruary 28, 1902.) or ye 


§ 2834. Lien for cost of constructing public ways, sidewalks, 
wells and cisterns—passage of ordinance. A lien shall exist 
for the cost of original improvement of public ways, for the 


is or is nota lot. Figg v. Louis- 
ville & Nashville R. R. Co., 25 
Ky. Law Rep., 350, Part 1. 

(29) Streets in annexed terri- 
tory. Where one laid out land 
as an addition to a city, subdi- 
viding it by streets, and recorded 
a plat thereof, and sold lots by 
deeds calling for the streets, and 
the lots are built on, and the 
streets are used as such, and 
thereafter the city annexed such 
territory, such streets thereby be- 
come principal streets of the city, 
within Ky. St. 1899, Secs. 28338, 
2834, limiting the _ territory 
which may be assessed for a 
street improvement. R. B. Park 
ae tee Orta. loa: * Ws,. FOLD, 
24 Ky. Law Rep., 2209. 


improveinent to be made, 


(30) Estoppel to object to as- 
sessment. A property owner 
should not be permitted to stand 
by in silence, and allow a street 
and 
then, by raising objections, es- 
cape payment for the benefit his 
property has received. Barber 
Asphalt Pav..Co. v. Gaar, 73 S. 
W., 1106; 24 Ky. Law Rep., 
2227; City of Louisville v. Bar- 
per Asphalt Pav. Co., Id.; Walsh 
v. Same, Id.; Raffo v. Same, Id. 


§ 2834. (1) Construction of 
sewers. City can not surrender 
its right to construct sewers; and 
a railway company to which the 
city had given the right of way 
holds susject to the power of the 


688 


AN ACT FOR THE GOVERNMENT OF 


construction and the reconstruction of sidewalks, and for the 
digging and walling of public wells and cisterns, for the ap- 
portionment and interest thereon at the rate of six per cent. 


city to construct sewers. L. C. 
Ry. v. Louisville, 8 Bush, 415. 

(2) Construction of wells and 
cisterns at cost of property own- 
ers. Apportionment of costs. 
Louisville v. Osborne, 10 Bush, 
220 Swoekve ice bs marek ieee oa 

(3) Error in proceedings of 
council will not exempt lot owner 
from ‘payment after work has 
been done. City v. Clark, 105 
Ky: SO 220-20 Rea Oo eo oe kK yy, 
380; 18 R., 238; and see City V. 
Selvaze, 106 Ky.) 7203 221 (Rs, 
349; Gosnell v. City, 104 Ky., 
201 20ARs, ClO eal 0 0 Kye 25s 
20K 1694. 

(4) Improvement unnecessary 
is no defense to action to recover 
cost of same, as court will not go 
behind action of council in 
ordering the improvement. Du- 
mesnil v. Louisville Stone Co., 
22 R., 503; Chawk v. Beville, 
21 al 769. 

(5) Justice to all concerned. 
Under the provisions of this sec- 
tion, that the council and courts 
shall do justice to all ipartiies con- 
cerned, a contractor may recover, 
although the work was not ac- 
cepted by that officer authorized 
to accept it when the work was 
completed. Isenberg v. Selvage, 
1oxRs LoGds elise k y26 0: 

(6) Lien—how created. What 
must appear. Action to enforce 
lien. Preston v. Roberts, 12 
Bush, 570. 

Sale of land. The statutory 
lien of a company for street im- 
provement (being against the 
land itself, and not against the 
owners, if the land is subjected 
to sale thereunder, the lienholder 
is entitled to have his lien en- 
forced against the entire lot, ir- 
respective of the various inter- 
ests of life tenants and remain- 
dermen therein. Duker v. Bar- 
ber Asphalt Pav. Co., 74 8S. W., 
744; 25 Ky. Law Rep., 135. 


Change of street level—tiabil- 
ity of abutting property for ex- 
way crossing—discretion of city 
council... The fact that the city 
may be held liable in damages as 
the result of the change of the 
street level, can not ‘be pleaded 
in bar of the contractor’s claim 
for making the street. 

To the extent that the cost of 
the improvement was occasioned 
by the subway crossing of the 
railroad, it- was not such a con- 
struction of the street, which 
could <e charged to the abutting 
property, but should be borne by 
the city itself. 

While the cost of altering the 
grade of a street, so as to carry 
the street under a railroad, can 
not be imposed upon abutting 
property, yet the city council has 
legislative discretion to fix the 
grade, and the building of the 
street at the grade thus fixed can 
be made a charge upon the abut- 
ting property. Louisville Steam 
Forge Co. v. Mehler, etc., ‘City of 


Louisville v. Gosnell, ete., 112 
Ky., 438. 
(7) Notice—due process of 


law. The hearing which the tax- 
payer has when a lien upon his 
property for street improvement 
is sought to be enforced, con 
stitutes “‘due process of law.’’ No 
other notice is necessary. Nevin 
v. ‘Roach, 86 Ky., 492; 9 R., 819. 
(8) Original construction— 
for full discussion of law and 
facts, see Barfield v. Gleason, 23 
R., 2128; City vo, Tyler 23ers 
S27. 
(9) Passage of ordinance— 
computation of time. Fehler y. 
Gosnell, 99 Ky., 880; 18 R., 2388: 
(10) Reconstruction—interest 
on warrants — reapportionment. 
Gosnell v. City, 104 Ky., 201; 20 
Rebs 
(11) Repair work—what is— 
reconstruction —— meaning of. 


CITIES OF THE FIRST CLASS. 


per annum against the respective lots. 


6S 


Payment may be en- 


forced upon the property bound therefor by proceedings in 
eourt; and no error in the proceedings of the general council 





Levy v. Coyne, 22 R., 493. 

(12) Taxation — provision of 
constitution limiting taxation 
does not apply to local assess- 
ments for street improvements. 
Gosnell v. City, 104 Ky., 201; 
war Ho bY; 

(15) What will exempt prop- 
erty owners. As regards the con- 
tract with the contractors—prop- 
erty owner not exempt. Louis- 
ville v. Henderson, 5 Bush, 515. 
Error in ‘proceedings of general 
council—property owner not ex- 
empt. Craycraft v. Selvage, 10 
Bush, 696. When cost of im- 
provement amounts to spoliation. 
Uiy. of. Lou; Vv, “Bitzer, 24.°R., 
2263. 

(14) Negligent construction of 
sewer—notice of defect. <A city 
is liable for injury to property re- 
sulting from the construction of 
a sewer according to a plan 
which is palpably fad, though 
the execution of the plan may 
‘have been skillful. 

In an action against a city to 
recover damages for injury to 
property from the negligent con- 
struction of a sewer, it was prop- 
er to instruct the jury that ‘‘when 
the city undertakes to construct 
a sewer it is its duty to exercise 
ordinary care and skill to keep 
it in condition to carry off the 
water collected thereby from 
such rainfalls as may De reason- 
ably expected to occur in the 
neighorhood to be drained by 
such sewer. 

Where the initial construction 
of a sewer by a city is manifest- 
ly defective, notice to the city of 
the defect is not a prerequisite 
to its liability for injury to prop- 
erty resulting therefrom. 

The right of action against a 
eity for injury from the flood- 
ing of property iby ‘the negligent 


construction of a sewer aecrues 
when the property is flooded, 
and limitation runs only from 
that date. City of Louisville v. 
NOTTS a UieKy 908 <— Clty. of 
Louisville v. American Standard 
Asphalt Co., 102 S. W., 806. 

A sewer is a permanent struc- 
ture and damages resulting from 
a defective sewer, if any occur 
from the construction of the 
sewer, or at least from the date 
of the first overflow, must be re- 
covered entire in one _ sgection. 
City of Richmond vy. Martin Gen- 
try, decided January 6, 1910. See 
also Hay v. Lexington, 24 Ky. 
Law Rep., 1495. 

(15) When city, not property 
owners, liable. Failure to adopt 
measures rendering lot owners 
liable. Murphy vy. Louisville, 9 
Bush, 189; Guthrie v. Louisville, 
6 B. M., 575. When by proper 
proceedings lot owners may be 
made liable, the city will not ‘be 
liable unless it will have the 
right to proceed to make the 
property holders liable. Cray- 
craft v. Selvage, 10. Bush, 696. 
But if the nature of the owner- 
ship of the property is such that 
it can not ‘be made liable, then 
the city must pay. ‘Louisville v. 


Nevin, 10 Bush, 696; City of 
Louisville v. Leatherman, 99 
KY ale lS Ry 1242 -City.is lia- 


ble where it has no authority to 
make the improvement at the ex- 
clusive cost of the property own- 
ers. Caldwell v. Rupert, 10 
Bush, 179. Where the mayor 
and council, without authority of 
law, cause the improvement to 
be made, the city, and not the lot 
owners, is liable. Louisville v. 
Hyatt, 5: By. Mx 199: -see ‘and 
compare Murphy v. Louisville, 9 
Bush, 189. Improvements made 


690 


AN ACT FOR THE GOVERNMENT OF 








shall exempt from payment after the work has been done as 
required by either the ordinance or contract; but the general 
council, or the courts in which suits may be pending, shall 


sanction of general 
evidenced by the yeas 
and nays taken on the adop 
tion of the ordinance, the 
eity, and not the lot owner, is 
liable. Kaye v. Hall, 13 B. M., 
455% 

(16) Apportionment warrant 
—work done as required—failure 
of property owner to object. 
While there may be some doubt 
as to the validity of an ordinance 
where there were two ordinances 
passed by the council at the same 
time, relating) to the same sub- 
ject, yet under Kentucky Stat- 
utes, section 2834, ‘providing 
that no error in the proceedings 
of the general council shall ex- 
empt from payment for work 
done on public ways, after the 
work has been done as required 
by either the ordinance or con- 
tract, where work has been done 
on a public way according to 
such ordinance or contract, 
without objection by the prop- 
erty owner whose property has 
thereby been benefited, it is too 
late for him to object to the pay- 
ment of the apportionment war- 
rant and the enforcement of the 
lien therefor, after receiving the 
benefit of the work without ob- 
jection. City of Louisville v. 
Gast, etc., 26 Ky. Law Rep., 
412. 

(17) Form, requisites, and 
validity in general. The act for 
the government of cities of the 
first class (‘St., sec. 2834) ‘pro- 
vides that ‘‘no ordinance for an 
original improvement mentioned 
in this act shall pass both ‘boards 
of the general council at the 
same meeting, and at least two 
weeks shall elapse ‘between the 
passage of any such ordinance, 
from one board to the other.” 
Held, That an ordinance passed 
Thursday, April 5th, by the 
lower board, and Thursday, 


without 
council, 


April 19th, by the upper 
board, was in compliance with 
the act, under section 453, 


which provides that the day on 
which the act is done may be 
counted as one day in computing 
time. Fehler v. Gosnell, 99 Ky., 
880; 35'S. W., 112539138 Kye 
Rep., 288; Dickson v. Gleason,. 
Id. 

(18) Obstructions and en- 
croachments. Injunction was is- 
suable to restrain a ‘party about 
to open up a ball park adjoining. 
plaintiff’s residence from fencing 
in, as a part of the park, an al- 
ley constituting one of the 
boundaries of plaintiff’s lot, 
and dedicated to public use in 
the original plat of the property, 
and called for in the deed to 
plaintiff's predecessor in title. 
Alexander v. TesSeau, 71 S. W.,. 
427; 24 Ky. Law Rep., 1305. 

Where persons erect buildings. 


and other obstructions in a 
street, an individual owning 
property on the street, whose 


means of egress and ingress from 
and to it are obstructed, thereby 
reducing the value of the prop-- 
erty, may maintain a suit for the 
removal of the obstructions as a. 
nuisance, though a suit brought 
by the eity for the removal there- 
of is pending. Bourbon Stock- 
yard Go. v.. Woolley, 76-5. 9 
28: 25 Ky. Law Rep., 477. 

(19) Obstructions. A city is 
not liable for injuries resulting 
from the falling of a bill board 
erected by the proprietor of a 
private lot, and projecting over 
the line of his lot only the thick- 
ness of a board, unless the city 
had notice that the board was 
not securely fastened. City of 
Weisenserger, 7 Ky. Law Rep. 
(abstract), 448. 

A city is liable, under its duty 
to keep streets in good condition,. 


CITIES CF THE FIRST CLASS. 


694 





make all corrections, rules, and orders to do justice to all 
parties concerned; and in no event, if such improvement be 
made as is provided for, either by ordinance or contract, shall 


for injury to one struck, without 
contributory negligence, while 
driving, by a large limb of a tree 
projecting into the street dan- 
gerously low. City of Louisville 
womichelas (71) 8: Wepoold; 24 
Ky. Law Rep., 1375. 

A city is Mable to a person in- 
jured while riding a tandem bi- 
eycle at night, with a lady in 
front of him, by striking danger- 
ous obstructions in the street, 
where he had no knowledge of 
them, and could not, by ordinary 
eare, have discovered them in 
time to have avoided the injury. 
City of Louisville v. Keher, 79 
ao We, 2107 20°Ky- Law: Rep., 
20038. 

(2'(0) Notice of defect or ob- 
struction. A city must be deemed 
to have had notice of an obstruc- 
tion in the street, consisting of 
a post 2% feet high, where it ap- 
pears that the post thas been 
standing there for more than 
three years. City of Louisville 
v. Brewer’s Adim’r, 72 S. W., 9; 
24 Ky. Law Rep., 1671. 
Where a dangerous obstruc- 
tion has existed in a street for 
- several weeks with the knowl- 
edge of the officers of the city 
whose duty it is to report such 
matters, the city is estopped in 
an action for personal injuries 
resulting therefrom, to claim 
that it had no notice of the ob- 
struction. City of Louisville v. 
ener POS. Wa 2L0O¢125, Ky. 
Law Rep., 2003. ; 

(21) Negligence and contribu- 
tory negligence. One stumling 
over a post which he knew was 
in a highway was not guilty of 
contributory negligence, as mat- 
ter of law, in momentarily hav- 
ing forgotten its existence; it 
appearing that the accident oc- 
curred at night, and that the 
street was not lighted. City of 
Louisville v. Brewer’s Adm’r, 72 


BW FO" 
LOT te 

(22) Instructions. In an action 
for injuries sustained by a pe- 
destrian by reason of a defective 
sidewalk, an instruction that it 
was the duty of the city to use 
ordinary care in keeping its 
sidewalk in good repair; that it 
was the duty of pedestrians to 
use ordinary ‘care; and that, if 
the city was negligent in leaving 
a stick projecting upon a side- 
walk, and plaintiff stumbled 
over it and was injured, the ver- 
dict should be for plaintiff, un- 
less she was guilty of negligence 
which so far contributed to the 
injury that, but for the same, 
she would not have been in- 
jured —- sufficiently announced 
the principle that, if the city did 
not keep its sidewalks in a rea- 
sonably safe condition for pedes- 
trians using ordinary care, the 
city would ‘be liable if plaintiff 
received her injury by reason of 
the city’s negligence. City of 
Louisville v. Bailey, 74 S. W., 
688; 25 Ky. Law Rep., 6. 

(23) Apportionment of bene- 
fits. That an owner of abutting 
property submitted to the illegal 
apportionment of the cost of an 
improvement of a street on one 
side of a square, and thereby 
paid more than he was required 
sy law to pay, did not affect his 
liability to pay a valid assess- 
ment for the improvement of a 
parallel street. R. B. Park & Co. 
Ve Cane 1s SW, ti 2is24 Ky. 
Law Rep., 2294. 

(24) Frontage of lots in gen- 
eral. Where an alley running 
north and south through a square 
lay entirely in the westerly half 
of the square, and another alley 
bisected that portion of the 
square lying between the first al- 
ley and the easterly ‘boundary of 
the square, the owners of the 


24 Ky. Law. Rep., 


692 AN ACT FOR THE GOVERNMENT OF 





the city be lable for such improvement, without the right to 
enforce it against the property receiving the benefit thereof; 
but no ordinance for any original improvement mentioned in 


northwest and southwest quar- 
ters of the square were properly 
charged with the entire expense 
of the construction of the first- 
described alley and of so much 
of ‘the second alley as lay west 
of the middle of the block. Wag- 
ner v. Gast, 71 8. W., 5338; 24 
Ky. Law Rep., 1401. 

The method of making assess- 
ments for street improvements 
by the foot is not invalid. City 
of Louisville v. Bitzer, 73 S. 
Wo ttlbo>: 24 shiv Sibaw. dep; 
2263;. 0151, 5°RE AL S343 Bitzer 
v. Fulton, Id. 

Under Ky. St. 1899, sec. 2833, 
providing that, where an im- 
provement is the original con- 
struction of a street, it shall be 
made at the exclusive cost of the 
owners of lots in each fourth of 
a square bounded ‘by _ princi- 
pal streets, to be equally appor- 
tioned by the board of public 
works according to the number 
of feet owned by such owners, 
and, where the territory is not 
defined into squares by princi- 
pal streets, the improvement or- 
dinance shall state the depth on 
Soth sides fronting the improve- 
ment which is to bear the cost 
thereof, property in the defined 
square may be assessed for the 
improvement although it does 
not front thereon. Pfaffinger v. 
Kremer, 74 S. W., 238; 24 Ky. 
Law Rep., 2368. 

A street on which imiprove- 
ments were made was paralleled 
on the east by a street of equal 
length, while the street next west 
remained parallel with it only in 
part; and, in apportioning the 
cost of the improvement to adja- 
cent property, the council treated 
the street on the west as running 
parallel to the improved street 
the entire distance. Held that, 
though this method resulted in 
the territory to be taxed on the 


east side of the improved street 
being wider than that on the 
west side, nevertheless, as, under 
the law, the territory would. 
have been taxed in the manner 
determined ‘by the council if the 
street on the west side actually | 
ran parallel the entire distance, 
the method adopted by the coun-. 
¢eil was ‘proper. Wymond vy. Bar- 
ber Asphalt Pav. Co., 77 S. W., 
208; 25 Ky. Law Rep., 11735. 

(25) Omission to assess prop- 
erty liable. Where a street which. 
was to be improved had been im- 
proved along part of its distance 
py original construction, the ac- 
tion of the city authorities of 
paying for the construction of 
this portion of it with funds of 
city was not prejudicial to the 
property owners. Wymond vv. 
Barber Asphalt Pav. Co., 77 S. 
W., 203; 25 Ky. Law Rep., 1135. 

(26) Enactment. Under Ky. 
St., Sec. 2834, providing that at. 
least two weeks shall elapse be- 
tween the passage from one. 
board of the general council to 
another of an ordinance of a city 
of the first class for an original 
street improvement, such an or- 
dinance passed by the *Soard of 
councilmen, March 17th and by 
the board of aldermen March 
31st is valid. City of Louisville: 
v; Selvage,'51--S.° Wi, 4474322 
Ky. Law Rep., 349; 106 Ky., 
730; Selvage v. Lucas, Id. 

(27) Location of property lia- 
ble. Were, in a proceeding to 
enforce an assessment for ian im- 
provement, it appeared the cross-- 
streets on the north side of the 
improved street were not extend- 
ed to intersect the streets on the 
south side because of an inter- 
vening railiway right of way, they 
will ‘be treated as extended for 
the purposes of the assessment. 
Specht v. Barber Asphalt Pav. 
Co., 80 S. W., 1106; 26 Ky. Law 


CITIES OF THE FIRST CLASS. 


693: 





this act shall pass both boards of the general council at the 
same meeting, and at least two weeks shall elapse between the 
passage of any such ordinance from one board to the other. 


§ 2835. Side walks and curbing—apportionment of costs. 
The cost of making sidewalks, including curbing, whether by 
original construction or reconstruction, shall be apportioned. 
by the front foot, as owned by the parties respectively front- 
ing said improvement, except that each corner lot shall pay 
the cost of its sidewalk intersection. 


§ 2836. Property owners permitted to improve public ways. 
The board of public works may, in its discretion, upon a peti- 


Rep., 193; Barber Asphalt Pav. 
Co. v. Ewald, Id. 

In case of a re-apportoinment 
the property is-liable for the ad- 
ditional surden in the hands of a 
person who purchased since the 
original apportionment. Comley 
v. American Standard Asphalt 
O0r Ld Os. Wa. chao. 


§ 2835. (1) Curbing—when 
cost to be paid ‘by abutting own- 
ers. City v. Tyler, 23 R., 1609; 
and see 23 R., 1971. 

(2) Effect of change in law. 
See sec. 3833, and Reed v. Bates, 
24 R., 2312. 

(3) Sidewalks. The fact that 
no sidewalk was made when a 
street was originally constructed, 
or was ever thereafter made, 
does not prevent a subsequent 
improvement of the street from 
being a reconstruction; nor is 
it material that the street was 
originally improved by building 
a ‘‘turnpike road,’’ as that is well 
understood to mean a macadam 
pavement, which is the kind of 
pavement at the time of the im- 


provement, in general use in the 
city. 
Kentucky Statutes, section 


2835, providing that ‘“‘the cost 
of making sidewalks, including 
curbing, whether by original con- 
struction or reconstruction, shall 
be apportioned to the front feet 
as owned by the iparties, respec- 
tively, fronting said improve- 


ment, except that each corner lot 
will pay the cost of its sidewalk 
intersection,’ applies only when 
a Sidewalk, including curbing, is. 
either constructed or reconstruct- 
ed; and therefore where no con- 
struction of sidewalk is provided 
for, but the ordinance and con- 
tract provide for an improvement 
of the carriageiway “by grading. 
curbing, and jpaving,’’ the curb— 
ing is a part of the improvement 
of the carriage-way, and, if the 
work is reconstruction, must be 
done at the cost of the city. City 
of Louisville v. Tyler, Tyler v. 
Louisville & N. R. R. Co., 111 
Ky.,; 588. 


§ 2836. Waiver of right to im- 
prove. Right of lot owner to im- 
prove may be waived by failing 
to speak when it is his duty to 
speak. Broadway Baptist Church 
v. McAtee, 8 Bush, 510. 

Estoppel. A property owner 
wiho stands by without objection 
and permits a contractor to ex- 
pend his money in making im- 
provements upon the faith that 
the cost was to se a charge upon 
the abutting property is estopped 
to resist payment for said im- 
provement. Barber Asphalt Co. 
v. Gaar, City of Louisville v. 
Barber Asphalt Co., Walsh, etc., 
v. Same, Raffo, etc., v. Barber 
Asphalt Paving Co., 24 Ky. Law 
Rep.) ‘Part 2,222 7. 


GOA -AN ACT FOR THE GOVERNMENT OF 


tion of a majority of the property owners on the part of the 
public way proposed to be improved, grant them permission 
‘to improve said public way, under the supervision of, and 
within such time as may be fixed by, the board of public works. 


§ 2837. Inspection and reception of work—publication of 
Notice. When improvements in public ways have been made, 
or public wells or cisterns dug and walled, and the contract 
therefor completed, the board of public works shall, by one in- 
‘ssertion in one of the daily newspapers published in the eity, 
give notice of the time and place fixed for the inspection and 
reception of the work by the board, or its deputy or deputies, 
and such owners, their agents and representatives, may ap- 
pear and be heard as to whether such improvements have been 
made in accordance with the ordinance authorizing the same, 


and the contract therefor. 


§ 2838. 
redemption. 


Action to enforce lien—evidence—provision for 
In all actions to enforce liens, a copy of the or- 


dinance authorizing the improvements or work, a copy of the 





§ 2837. Construction and effect 
of section. Richardson v. Meh- 
ler, 23 4H. 9 PT: 

§ 28388. (1) Appeal from judg- 
ment in action on an apportion- 
ment warrant seeking to subject 
real property may ‘be taken, al- 
though it be for less than one 
hundred dollars. Fehler v. Gos- 
nell; 99 Keys SS05e1s Ha 238: 

(2) Suit to enforce lien. Stat- 
ute not prescribing the mode of 
procedure, the mode prescribed 
‘by law for the enforcement of 
other liens will be presumed to 
have been intended. Craycraft 
v. Selvage, 10 Bush, 696. 

(3) Validity of statute—prima 
facie evidence. The provision in 
this section that certain things 
‘shall be prima facie evidence of 
the passage, approval and publi- 
cation of the ordinance as well 


as of other facts is upheld in 
McHenry v. Selvage, 99 Ky., 
2052 09LS ia ak lon eee Vo ts 


phans’ Home, 92 Ky., 89; 13 R., 
385; and see Richardson  v. 
Mehler, 23 R., 917; Gaertner v. 
Lou. Stone Co., 24 R., 490. 

(4) Payment. Appellee G was 


a contractor for the construction 
of a section of Highland avenue, 
and brought an action on appor- 
tionment warrants against aut- 
ting property owners to recover 
the price of the construction. 
This court decided that the prop- 
erty owners were not liable on 
said warrants as the imiprove- 
ment was not original cotristruc- 
tion, but reconstruction, for 
which the city alone is liable. 
Several of the property holders 


pending the litigation paid to 
the contractor the amounts due 
on their warrants under an 


agreement that should it ibe de- 
termined that they were not lia- 
ble on same, said amounts 


should ‘be returned. On the trial 


below, in which the ‘contractor 
sought to recover tthe amounts 
due from the city for the benefit 
of the property holders who had 
paid ‘him, the city claims that it 
had paid said indebtedness, and 
no recovery could ‘be had for the 
further reason that the proof did 
not authorize a recovery. Held, 
That under gection 2838, Ken- 
tucky Statutes, it is provided that 


~ 


CITIES OF THE FIRST CLASS. 


69d» 


contract therefor, and a copy of the apportionment—each at- 
‘tested by the comptroller—shall be pruma facie evidence of 
the due passage, approval, and publication of the ordinance, 


in all actions to enforce liens a 
copy of the ordinance authoriz- 
ing the improvement, a copy of 
the contract therefor, and a copy 
of the apportionment, each at- 
tested by the comptroller, should 
be prima facie evidence of the 
validity of the claim. This proof 
having been made, it devolved 
on appellant to deteat the claim. 
Appellant cannot claim that the 
payment to the contractor under 
a special agreement for refund- 
ing same inured to its benefit, as 
none of these payments were 
made on behalf of the city. 

Statute of limitation—The 
contract Seing in writing, an ac-~ 
tion to enforce payment of the 
contract price will not be barred 
until after fifteen years. It is 
not a liabality created by statute 
which would ‘be barred after five 
years. City of Louisville v. 
Gleason, etc., 24 Ky. Law Rep., 
Part 2, page 1491. 

(5) Construction—Assessments 
—Constitutionality — Spoilation 
—Due process of law—Benefits 
—Preliminary hearing — Grade 
—Change—Injury — Compensa- 
tion. — City Executive Board— 
Passage of ordinance — Time— 
Record—Construction — Repairs 
—. Cost. — Bid — Inclusion— 
Prima facie case—Necessity of 
Improvements — Release of con- 
tractor.—Appellate jurisdiction. 

1. The mere grading of a dirt 
road so as to form a crown, and 
to leave depressions at the sides 
for surface drainage, and the 
leveling of inequalities, does not 
constitute a street construction. 

2. Kentucky Statutes, section 
2838, providing for the original 
construction of streets in cities 
of the first class at the exclusive 
cost of the owners of abutting 
property according to area, is 
not constitutional. 

8. A street assessment will not 


be held to ‘be an arbitrary and. 
unconstitutional taking of prop- 
erty merely because the benefits. 
from the street are not commen- 
surate with the cost, as the Leg- 
islature ‘has a large discretion in 
defining the property deemed to 
be specially benefited, and the: 
courts will not interfere, except 
upon a showing of fact so con- 
clusive as amply to justify their 
interference. 

There is no spoliation unless. 
the cost of the improvement 
equal or exceeds the value of 
the property. Haller v. Barber 
Asphalt Paving Co., 113 S. W., 
by 

4. The fact that a State stat- 
ute providing for the original 
construction of streets at the ex- 
clusive cost of the owners of 
abutting property according to 
area makes no provision for a 
preliminary hearing as to the ex- 
tent of the special *Senefits to 
each piece of property resulting 
from the improvement, does not 
render it violatvie of the four- 
teenth amendment to the Con- 
stitution of the United States. 

5. Under Constitution, section 
242, providing that ‘‘municipal 
and other corporations, and in- 
dividuals, invested with the 
privilege of taking private prop- 
erty for public uses, shall make 
just compensation for property 
taken, injured or destroyed by 
them; which compensation shall 
be paid before such taking, or 
paid or secured, at the election 
of such corporation or individual, 
before such injury or destruc- 
tion,’’—an ordinance for a street 
improvement is not void because 


_it fails to provide for compensa- 


tion for the injury to abutting 
property from the excavations 
necessary to be made to conform 
the street to the grade thereto- 
fore fixed by the city council, as 


‘696 


AN ACT FOR THE GOVERNMENT OF 





of the due execution and approval of the contract, and shall 
also be prima facie evidence of every other fact necessary to 
be established by the plaintiff in such actions to entitle him to 


the relief authorized to be given in this act. 


In such actions 


the court shall provide in its order confirming any report of 
sale that the defendants, or either of them, or any one claim- 
ing through or under them, or either of them, or any creditors 
of theirs, or either of them, may, within two years from the 
date of such order confirming a report of sale, redeem the land 
sold by paying to the purchaser the purchase price, with interest 


a statute or ordinance which re- 
sults in injury to property is not 
unconstitutional ‘because it fails 
to (provide for compensation to 
be made for the injury before it 
is done. 

6. Though the change in the 
grade was unnecessary, and 
might have been prevented by in- 
junction, and though the exca- 
vations necessary to conform to 
the grade might have ‘been pre- 
vented until compensation had 
been provided for the injury to 
‘be occasioned thereby, yet, as 
neither of these things was done, 
the defendants in an action by 
the contractor to enforce his lien 
can not have the cost of the ex- 
cavation, which has been includ- 
ed in the assessment, apportioned 
among them, and recover against 
the city the amounts apportioned, 
the remedy being an action at 
law to recover the damages 
which have actually accrued 
from the change of grade. 

7. The making out of an ap- 
portionment warrant is not the 
levy of a tax, and may ‘be per- 
formed {by an executive board. 

8. A statute providing for the 
construction of streets at the cost 
of abutting property owners is 
not unconstitutional because it 
does not require the contract for 


such construction to ‘be apvroved- 


by the city council, as that is a 
ministerial act, and may be en- 
trusted to an executive board. 
9. All the requirements of the 
statute necessary to create a 
lien having been complied with, 


the fact that the apportionment 
warrants were not approved by 
the mayor and council, as requir- 
ed by an ordinance, does not af- 
fect the validity of the lien. 

10. The records of the council 
showing that an ordinance was 
passed by the two Soards on dif- 
ferent days is conclusive of that 
question, and can not be over- 
come by the recollection of a 
witness; and, besides, the state- 
ment of a witness that an ordi- 
nance was passed ‘by both boards 


on the same night may ‘be con- 


sistent with the proper passage 
of the ordinance by one of the 
poards at a subsequent date, 
which is a sufficient compliance 
with Kentucky Statutes, section 
2777, providing that an _ ordi- 
nance shall not /be passed by ‘both 
boards on the same day. 

11. Where the contractor was 
required by the contract to keep 
the street in repair for five 
years, and, in order to secure 
that undertaking on his part, was 
required to deposit %onds 
amounting to ten per cent. of the 
contract ‘price, it will be pre- 
sumed that this provision did not 
increase the cost of the improve- 
ment beyond the ten per cent. 
as the Court of appeals had pre- 
viously construed such a provi- 
sion in a street-improvement con- 
tract as binding the contractor 
only to that extent for repairs, 
and it must be presumed that 
plaintiff contracted with refer- 
ence to that construction. 

12. Proper averments of the 


CITIES OF THE FIRST CLASS. 


G97 





thereon from the day of sale, at the rate of six per cent. per 
annum, and all the taxes and assessments on and against such 
land paid by such purchaser, with interest thereon at the rate 
of six per cent. per annum from the date of such payments; 
and in the event that there be no redemption within the time 
allowed, the order of confirmation shall be final, and a deed 
shall be executed to the purchaser or his assignee. 


§ 2839. Apportionment warrants—registration—lien. 


The 


board of public works shall make out all apportionment war- 
rants for which hens are given for improvements of puble 
ways, wells, cisterns, water plugs, and sidewalks as may be re- 


steps leading to the creation of a 
lien, supported by the exhibits 
- required to make: out a prima 
facie case, entitle plaintiff to a 
judgment in the face of a mere 
denial as to the fixing of the 
grade of the street. 

13. After the work is done, 
the legislative determination of 
the council that the imiprove- 
ment was necessary will not be 
disturbed, except upon a show- 
ing of abuse of discretion so 


conclusive as to amply justify 


the interference of the court. 

14. Where the city, without 
good cause, released an accepted 
bidder, who had given ‘bond with 
solvent surety, and the ‘bid ac- 
cepted upon a second advertise- 
ment, though the lowest one then 
made, was considerably higher 
than that of the released con- 
tractor, the property owners are 
entitled to judgments’ over 
against the city for the differ- 
ence. Barfield &c. v. Gleason &c, 
tee. 49:15 


§ 2839. (1) Assessment cor- 
rected by court. An erroneous 
assessment corrected ‘by the 
eourt. Preston v. Roberts, 12 
Bush, 570. 

(2) Corrected assessment. 
Payment and acceptance of an 
assessment for street improve- 
ment can not %e regarded as an 
accord and satisfaction of an ad- 
ditional amount afterward found 


by a corrected assessment to be 
due. Stengle v. Preston, 89 Ky., 
GLoMs ts hee OF 

(8) Report of engineer—adop- 
tion of. When the apportion- 
ment is reported by the engineer 
to the council, and his report 
adopted, it then becomes the act 
of the council, as much as if it 
had made the estimate, etc. Nev- 
in v. Roach, 86 Ky., 492; 9 R, 
819. 

(4) Validity of this section— 
and full discussion of question of 
street improvements. Barfield v. 
Gleason, 23 R., 128; and see 
Horne v. Mehler, 23 R., 1176. 

(5) Apportionment warrants. 
In this action to recover the 
amount of apportionment war- 
rants for street improvements in 
Louisville, it is insisted in de- 
fense that the petition does not 
show that the apportionment was 
approved by the general council. 
Held, That as section 2839, Ken- 
tucky Statutes, authorizes the 
board of public works to make 
out the apportionment warrants, 
the allegation that the board of 
public works made out the war- 
rants is prima facie sufficient. 
The Court of Appeals can not 
take judicial notice of ordinances 
of the city, and if there was an 
ordinance requiring that the ap- 
portionment should ‘be approved 
by the council Sefore the war- 
rants were issued, and that there 
was no such approval, the facts 


AN ACT FOR THE GOVERNMENT OF 


698 


quired by ordinance, and within two days thereafter shall en- 
ter the same upon a register kept in alphabetical order for that 
purpose. When the holder of said warrant shall have obtained 
payment, he shall notify the board of public works, and it shall 
be marked upon the register as paid. The lien shall exist from 
the date of the apportionment warrant; but a len shall not be 
valid against a purchaser for valuable consideration without 
notice, unless it shall be so entered and registered within ten 
days of the issuing of the apportionment warrant. 


SUBDIVISION VIII. 
Parks. 


§ 2840. Board of park commissioners—control by. The pub- 
lic parks in a city of the first class shall be held, managed and 
controlled by a board under the name and style of the board 
of park commissioners. Such board shall have power to con- 
tract and be contracted with, sue and be sued, and adopt a 
common seal. 


§ 2841. Board of six persons—election—term—qualification 
—mayor, ex-officio member. Said board shall consist of six per- 
sons, to be chosen as hereinafter provided, and the mayor of 
the city, who shall be ex-officio a member of the board. The 
six members of said board shall be elected by the qualified 
voters of the city at the November election, one thousand eight 
hundred and ninety-three. The three members receiving the 
highest number of votes at said election shall hold for a term of 
four years, and the three receiving the next highest number 
of votes shall hold for a term of two years. Thereafter all 
members shall be elected for a term of four years. No person 


shall be elected, or, after election, shall continue to be a mem- 





should have been pleaded. Horne, 
etc., v. Mehler, Mehler, etc., v. 
Horne, etc., City of Louisville v. 
Mehler, 23 Ky. Law Rep., 1176. 

In case of a re-apportionment 
the property is liable for the ad- 
ditional burden in the hands of 
a person who purchased since the 
original apportionment. Comley 
v. American Standard Asphalt 
Co., 113 §. W., 125. 


§ 2840. (1) Park commissioner 
—removal. Board of aldermen 
has jurisdiction to remove a park 
commissioner for malfeasance or 
misfeasance, as well as for causes 
that unfit him for the place. 
Gibbs v. Board of Aldenmen, 99 
Ky. 90% 18 Rese. 

(2) Board of Park Commis- 
sioners not liable for torts. Board 


of Park Commissioners v. Prinz, 


$2°R., 3595, 100°C. We 94s. 


CITIES OF THE FIRST CLASS. . 699 


ber of said board, or vote or act as such, who is not a bona 
fide resident and housekeeper of the city, or who, after election, 
shall for ten days fail or refuse to take oath as herein provided. 


§ 28. Official oath to be taken by members of board. The 
persons elected as members of said board shall each, within 
ten days after election, make and subscribe oath before, to be 
attested by the county clerk or his deputy, to the effect that 
he will faithfully, diligently, and to the best of his skill and 
ability, perform all the duties of such park commissioner with- 
out favor or prejudice; that he is not subject to any of the 
prohibitions or disqualifications set out in this act; and that he 
will not be in any manner or to any extent, directly or indirect- 
ly, concerned in any contract, purchase, sale, salary, or emolu- 
ment of any kind connected with or growing out of any busi- 
ness of said board, or the providing, purchasing, condemning, 
managing, or improving of any park property, or in supply- 
ing any labor, material, or thing of service in respect to same, 
save as herein permitted. Such oath shall be filed with the 
comptroller of the city, and shall be a public record. 


§ 2843. Bond for performance of duties. Each commis- 
sioner shall likewise, and within ten days of such election, exe- 
eute bond in a sum of twenty-five thousand ($25,000) dollars, 
payable to the city, with good security, to be approved by the 
mayor, conditioned that he will faithfully perform all duties of 
a park commissioner for the city, as prescribed by law; which 
bond shall, when approved by the mayor, be filed with the 
comptroller, and be a public record. For any violation by the 
principal in such bond of any duty as park commissioner, for 
any participation by him, directly or indirectly, in any contract 
or subcontract in respect of park property or the improvement 
thereof; or the furnishing of supplies of any kind therefor, suit 
may be maintained upon such bond as against the principal and 
sureties, such suit to be brought in the name of the city, and 
any recovery shall inure to the benefit of the fund for park 
purposes. 


§ 2844. Vacancies in board—how filled. All vacancies in 
said board shall be filled by appointment by the board, or by 
election, in acordance with section 152 of the Constitution of 
Kentucky, and all commissioners now holding office shall con- 
tinue to hold office until their successors are elected, and quali- 
fied, as provided herein. 


§ 2845. President and other officers—election—duties—com- 


. 


pensation. The commissioners shall annually, in November, 


700 AN ACT FOR THE GOVERNMENT OF 





choose one of the board other than the mayor to be president 
of the board and another as vice-president; and the said board 
shall elect a secretary and treasurer, and such other officers 
and employes as may be necessary, and may fix their duties 
and prescribe their compensation, their term of office not to 
exceed one year. The board may exact bond, with security, 
from any officer or employe and fix the terms and penalty of 
such bond. The board may, in its discretion, intrust the duties 
of more than one office to one employe or officer, and may at 
any time dismiss or discharge any officer or employe. The com- 
pensation of all officers, including the president, shall not ex- 
ceed in the aggregate ten thousand dollars per annum. 


§ 2846. Members—compensation—can hold no other office 
or interest in contract. No member of the board of park com- 
missioners, other than the president thereof, shall receive any 
compensation whatever, directly or indirectly, in respect to his 
services as member of the board, nor shall the president’s sal- 
ary exceed two thousand five hundred ($2,500) dollars per 
annum; nor shall any member, save only the mayor of the city, 
hold any office of appointment or employment under the city, 
or any department of the city, or any institution thereof. Nor 
shall any member of the board be concerned in any contract 
with the board of park commissioners of the city, or any of its. 
departments or institutions, either as contractor, sub-contraec- 
tor, or party directly or indirectly interested. 


§ 2847. Members becoming disqualified. If any member of 
sald board cease to be a dona fide resident or housekeeper of 
the city, or incur any of the disqualifications mentioned here- 
in, or become incapacitated to perform any of the duties of 
commissioner, or be found guilty of any felony or high mis- 
demeanor, he shall immediately cease to be a member of said 
board. 


§ 2848. Powers and duties of commissioners. The board, 
constituted as aforesaid, shall have the care, management and 
custody of all parks and grounds used for park purposes, all 
boulevards and parkways now belonging to the city, or to any © 
existing board of park commissioners, or in the control of the 
eity or existing board, and all such property as may hereafter 
be required for park purposes or public squares by the city or 
the board. The board shall have power to acquire and hold 
property for public parks and publie squares by condemnation 


§ 2847. See note to sec. 2840. 


CITIES OF THE FIRST CLASS. TOL 


or by contract for the same; to accept conveyances thereof; to 
receive gifts, donations, or devises of land or other property 
for park purposes to lay out and improve with walks, drives, 
roads, tree-planting, and other proper improvements the park 
or parks, square or squares, and other property held by it or 
acquired and managed, and to enter into contract for the same; 
to protect all property and improvements to it belonging or un- 
der its management or control from injury or decay; to adopt 
rules and regulations for the reasonable and proper use, and 
for preventing injuries to or misuse of all parks, public squares, 
boulevards, driveways, walks and park property generally; 
and to prevent disorder and improper conduct within the pre- 
eincts of any park or inclosure, or upon any drive, walk or: 
avenue under control of said board of park commissioners. 
The police power of the city shall extend over the said park 
property of every kind as the same is or as shall be acquired; 
and all violations of such park rules and regulations, and all 
other misdemeanors or offenses committed within any park 
property or precinct, shall be punished by the police court of 
the city on complaint and proceeding had, as provided by law 
in cases of misdemeanors and violations of city ordinances. The 
said commissioners and their agents and employes shall have 
power to make arrests for felonies or misdemeanors committed 
within any park precinct, or for violation of any park rules or 
regulations. 


ce 


§ 2849. Locating parks—powers and duties concerning. In 
locating parks and such other property as may be acquired un- 
der this act, the board shall have regard to the needs of the 
different portions of the city and population thereof, and 
suitability of ground for park purposes, as well as the cost 
thereof. In and of all such matters said board shall have dis- 
cretion, as also in the system of improvement of the same. The 
said board may acquire by purchase, gift or condemnation land 
for parkways connecting the parks, and may improve and regu- 
late the use of the same. 


§ 2850. Acquiring property—exemption from taxation. The 
board shall not be compelled to accept any gift or offer of land 
which, in its judgment, is unsuited for park purposes, or the 
improvement of which would entail an injudicious outlay. The 
title of all property acquired for park purposes shall vest in 
the board of park commissioners, and the same, with all the 
improvements and equipments, shall be held in strict and in- 
violable trust for public park uses, free from all taxation, im- 
post, or assessment—State, county, district, municipal, or other- 
wise. 


702 AN ACT FOR THE GOVERNMENT OF 


§ 2851. Public squares—shade trees—conveyance of real 
estate to board. The board shall, in like manner, hold, manage, 
control, and improve the public squares or areas within the city 
limits, and may acquire others by gift, contract, purchase, or 
condemnation, and for such it may prescribe rules and regula- 
tions; and all square or areas shall be deemed and treated as 
park precincts. It shall be competent for the city, an ordi- 
nance to that effect being first duly passed and approved, to 
convey to said board any real estate owned, to be held and 
managed by said board for park purposes. The said board shall 
also have the control and management of the planting and care 
of shade trees along the sidewalks or thoroughfares of the 
city. 


§ 2852. Condemnation of property. Whenever, in the opin- 
ion of said Board of Park Commissioners, property shall be 
needed for any park purposes contemplated in this act, either 
within or beyond the boundaries of the city in the county in 
which such city is located, the said Board may, by resolution 
reciting such need, order the condemnation of such property, 
and proceedings for such condemnation shall be in the Jefferson 
Circuit Court, and conducted in the name of said Board by the 
city attorney. Such proceedings shall be commenced by peti- 
tion and summons, and carried on as nearly as may be as actions 
at law by ordinary proceeding are conducted. Warning orders 
against non-residents, absent defendants or unknown owners of 
property shall be published at least three times in two daily 
papers published in such city, the last publication bejng at least 
ten days before the trial. In such proceedings for condemna- 
tion, the owners of district parts of any one general tract sought 
to be condemned may be included on one proceeding, or any 
one or more of them holding contiguous properties may be pro- 
ceeded against in a separate action. The court in which such 
proceedings for condemnation is instituted shall make such or- 
ders, rules and judgments ‘as will secure a fair trial by an 
impartial jury, which shall be summoned under order of court. 
Such jury shall consist of twelve free-holders of such city or 
county, and such trial for condemnation shall have precedence. 
on the docket of the court, as soon as the parties are before the 
court and the issues made up. The jurors in such actions for 
condemnation shall be sworn to ascertain and determine truly 
and impartially by their verdict the amount of compensation 





§ 2852. Condemnation of land Park Com’rs v. DuPont, 23 R., 
for parks—procedure. Board of 106. 


CITIES OF THE FIRST CLASS. 703 


each owner will be entitled to receive if his land or property 
described in the petition be condemned. And in assessing dam- 
ages to the owner of the property so condemned, it shall be 
competent for the jury to consider the benefits and advantages, 
if any, that to such owner will result from the proposed im- 
provements, and to set off the same against such damages other 
than for the value of the property taken. The court in which 
such proceedings are instituted shall have the power to assign 
a day for the trial of the case as soon as the petition is filed. 
Upon return of the verdict of the jury, the court shall enter 
judgment vesting in the Board of Park Commissioners of the 
city, the title to the property described and condemned, the 
said judgment to take effect upon the payment into court by 
said Board of the amount of money named in the verdict, and 
the taxed costs of the proceedings, but said Board of Park 
Commissioners shall have sixty days within which to make said 
compensation and payment; and if the same be not made within 
such time, the said condemnation shall be deemed and treated 
as abandoned, and the verdict and judgment set aside, and 
proceedings dismissed at the cost of said Board; but without 
prejudice to any subsequent proceedings. 


That no proceeding now pending and undetermined for the 
condemnation of property for park purposes shall be affected 
by this act, but the same shall be governed by existing laws. 
(As amended by act of March 24, 1904.) 


§ 2853. Tax for park purposes and expenses of board. For 
the purpose of providing necessary funds for the purchase, 
care and improvements of park property, and to meet the ex- 
penses of the board, the general council of the city shall, in each 
year, levy and cause to be collected a tax of not less than five 
eents nor more than eight cents upon each one hundred dollars 
of value of all the property within the city taxable for munici- 
pal purposes, the same to be paid over to the board and re- 
ceipted for by its president. 


§ 2854. Bonds for raising money—submission to voters. Kor 
the purpose of raising money for the purchase or improvement 


§ 2854. Bonds—election. In 
Belknap v. City of Louisville, 99 
Bey,, 474; 18 #., 313; the court 
held that it required two-thirds 


a bond issue, but in Montgomery 
Fiscal Court v. Trimible, 20 R., 
827; 104 Ky., 629, this case is 
overruled, and two-thirds of 


of those voting at the election, 
not merely two-thirds of those 
voting on the question to carry 


those voting on question is held 
sufficient. 


TOA AN ACT FOR THE GOVERNMENT OF 


of lands for park property, the general council of the city may, 
by ordinance, submit to the qualified voters of the city the ques- 
tion as to whether the city shall issue bonds, with interest 
coupons attached, to the amount and of the character set forth 
in such ordinances; and when such ordinance is passed, it 
shall, at the next November election be submitted to the quali- 
fied voters of the city; and if it receives assent of two-thirds 
of those voting, the bonds so voted shall be issued by the 
city, and delivered to the board of park commissioners. 


§ 2855. Board cannot anticipate or create charge upon 
future year. The board shall never, to any extent or under 
any device, in one year, anticipate to create a charge upon the 
income of a future year; and no work done, or improvements 
made in any one year, shall be made a charge upon the in- 
come of a future year. 


§ 2856. Board to keep account—annual report to mayor. 
The board shall keep accurate record and books of account, and 
shall, annually, in the month of November, transmit to the 
mayor a full and detailed report and statement of all its acts 
and doings for the preceding year, together with a complete 
and itemized account of all receipts and disbursements of 
money, and with an itemized estimate of the money needed for 
park purposes during the coming year. The books of account 
and record of the board shall at all times be open to the in- 
spection of the mayor, and be subject to the same examination 
as the records of other municipal officers under section 2797 
of the act for the government of cities of the first class. 


§ 2857. Special park police—provisions for. The general 
council oe the city may, from time to time, upon application 
therefor made by the board, provide by ordinance for special 
park police, the same to be under the control of the board of 
park commissioners, and to be paid by it. 


§ 2858. Park property—what included in the term. The 
term park property includes all parks, squares, and areas of 
land within the management of said board; and all buildings, 
structures, improvements, seats, benches, fountains, walks, 
drives, roads, trees, plants, herbage, flowers, and other things 
thereon, and inclosures of the same; and all shade trees on 
streets and thoroughfares, resting places, watering stations, 
play grounds, parade grounds or the like, and all connecting 
parkways and roads or drives between parks; and all avenues, 
roads, ways, drives, walks, with all trees, shrubbery, vines, 


CITIES OF THE FIRST CLASS. TOD 





flowers, and ornaments of any description; and all birds, ani- 
mals, or curiosities, or objects of interest or instruction placed 
in or on any of such inclosures, ways, parkways, roads or 
places; and said terms shall be liberally construed. 


§ 2859. City attorney to give advice and render service. <All 
legal service or advice required by the board shall be rendered 
by the city attorney and his assistant without additional com- 
pensation. 


SUBDIVISION. IX. 


Pubhe Wharves. 


§ 2860. 1. Board of public works control—superintendent,. 
assistant, and salaries. That the wharves and landings of cities: 
of the first class shall be under the care and control of the board 
of public works of said city, who shall fix and receive reason- 
able charges to be paid for the use of the same. They shalb 
keep the said wharves and landings in order, shall employ and 
fix the compensation of all persons employed in connection with 
the care and control of the same; and said wharves shal be un- 
der the immediate care and control of a superintendent of pub- 
lie wharves, and an assistant superintendent of such wharves, 
to be appointed by the said board of public works, who shall 
prescribe the duties of said officers and fix their compensation 
as follows: The compensation of the superintendent of public 
wharves shall be not exceeding two thousand five hundred dol- 
lars per annum, and the salary of the assistant superintendent 
shall not be exceeding one thousand two hundred dollars per 
annum. The said board of public works shall appoint said 
officers as soon as practicable after the taking effect of this: 


§ 2860. (1) Authority to ac- 
quire property. A city has no 
power to acquire property for 


(2) Control of wharf property. 
“Commissioners of the sinking 
fund’ of the city of Louisville,. 


wharf purposes unless it ‘be ex- 
pressly conferred ‘by legislative 
grant. The city council, when 
charged with the duty of main- 
taining a wharf for public use, 
can not delegate its power to an- 
other. Roberts v. City of Louis- 
Tule oe) Ky) 95.2131 Ro 6406 5 
Bateman v. Covington, 90 Ky., 
390.) 12.R.,.384. 


which is a distinct corporation: 
created by that name for speci— 
fied purposes, can not control the- 
wharf property of the city, au- 
thority to do so not being givem 
by the charter. Roserts v. City 
of Louisville, 92 Ky., 95; 13 R., 
406; non-liability for state taxa— 
tion, see note to sec. 2980. 


706 AN ACT FOR THE GOVERNMENT OF 





iaw, and the said buard of public works shall have the power 
to fill vacancies occurring in either of said offices. 


2. Lease of wharf property. The said board of public works 
shall have the power to lease ard receiv2 the renta.s from any 
poriion of the wharf property not needel for whart purposes 
‘for the time being; but all leases shall provide for their can- 
-eellation whenever the property leased is, in the judgment of 
the said board, required for wharf purposes. 


3. Receipts to be paid to city treasurer—disposition of. All 
moneys that shall be collected for the use of wharves, landings, 
-and leases, on any part of wharf property not needed for wharf 
purposes, and all other money or ‘moneys received by the super- 
intendent of public wharves from said wharves, landings, and 
leases, shall be paid into the treasury of the city at the end of 
each and every week, and placed by the treasurer to the credit 
of wharves. The salaries and expenses of operating the 
wharves and landings shall be paid out of said fund; and 
the net revenue derived from said wharves, landings, and lease- 
holds shall be placed by the city treasurer annually to the credit 
-of the general purpose fund. (This section originally part of 
the act of July 1, 1893, as amended by act of February 24, 
1894, was repealed by act of February 28, 1902, and the sec- 
tions as it now is—an act of February 28, 1902—1s inserted in 
its place.) 


SUBDIVISION X. 
Board of Publie Safety. 


§ 2861. Three members—salary—what to have control of. 
‘The board of public safety shall consist of three members. Each 
member of said board shall receive a salary of not less than 
two thousand five hundred dollars. The board shall have ex- 
¢clusive control, under the ordinances of the general council, 


§ 2861. (1) Police commission- 
ers. Act of 1868, providing for 
the organization of a police force 
‘for Louisville and Jefferson coun- 
ty, held valid. Dual characters 
‘and powers, Commissioners y. 
Louisville, 3 Bush, 597. This 
act is repealed by the present 
charter. 

(2) See notes to secs. 
Se Lateel, 


2802, 


Illegal Permit. 


A building permit issued by 
the Building Inspector contrary 
to law may ‘be cancelled by the 
Board of Safety, although work 
has been commenced under said 
permit. O’Bryan v. Highland 
Apartment Co., 108 S. W., 257. 

Any person whose property 
would be damaged by a building 


CITIES OF THE FIRST CLASS. TOT 


of all matters relating to the fire department, the police depart- 
ment, the health department, the department of buildings, of 
the pounds, and prisons, and market places, and of all the chari- 
table, reformatory, and penal institutionals of the city, includ- 
ing the city hospital, alms-house, city dispensary, the pest. 
house, the city workhouse, and all other buildings and institu- 
tions of a similar character belonging to the city, or under the 
supervision and control thereof. Said board shall also have 
charge of the registration of births, marriages, and deaths with- 
in the city, and the collection and publication of such statistical 
information as may be useful or necessary. 


§ 2862. By-laws and rules for government of inmates of in- 
stitutions—punishments. The board may make by-laws and. 
rules for the government of the inmates of its institutions, and 


may inflict’proper but humane punishment in the enforcement 
thereof. 


§ 2863. Location of institutions by general council. The 
general council may, by ordinance, locate any of its institutions. 
upon land now owned by the city, or to be hereafter provided 
for that purpose, anywhere in the county in which said city is: 
situated, or may authorize the board to select the location of 
said institutions within the county. 


§ 2864. Deduction from time of persons confined. The 
board may, for good conduct, authorize deduction from the 


time of persons confined in the workhouse or any other penal 
institution. 





erected under an unlawful permit 
may enjoin the erection of such 
building. Id. 

A ‘building regulation mwhich 
prohibits the erection of a frame 
building within 60 feet of a per- 
manent brick or stone building 
is valid. Id. 

A provision in a ‘Suilding or- 


dinance providing specifically the 
maximum length of a theater cor- 
ridor is valid as not being un- 
reasonable, and a permit granted. 
by the Board of Public Safety al-— 
lowing a longer corridor is void, 
the provisions of the ordinance 
being mandatory. McGee v. Ken— 
nedy,:114 8S. W., 299. 


708 AN ACT FOR THE GOVERNMENT OF 





SUBDIVISION XI. 


Police and Fire Department. 
(Fire Department, § 2896a.) 


§ 2865. Chief of police—chief of firemen—appointment of. 
‘The commissioners of the board of public safety shall appoint 
a chief of policemen and a chief of firemen. (See, further, as 
to fire department, sec. 2896 a.) 


§ 2866. Qualification of employes of departments. Hxcept- 
‘ing the chiefs and persons now employed in said departments, 
and persons who have been employed in said departments dur- 
ing the past five years, every officer or employe, shall, before 
appointment or selection, have the following qualifications: 


1. He must read and write correctly and fluently the Eng- 
lish language from dictation in the presence of examiners ap- 
pointed by said Board. 


2. He must pass a satisfactory examination on the charter 
-and ordinances of the city, and such parts of the Constitution 
and statutes of the State as relate to the duties of his office. 


3. He must be at least twenty-one years of age. 


4. He must be of sound health and sufficiently strong to be 
active and able to discharge easily his duties; and, 


5. He must be a resident and voter in the eity. 


§ 2867. Manual of instruction to be furnished. The board 
of public safety shall provide a manual of instruction for the 
study by persons who wish to acquire the necessary knowledge 
of the said ordinance, charter, statutes and Constitution. 


§ 2668. Chief of police to control police force—times of 
peril. The chief of policemen shall have exclusive direction 
and control of the police force, subject to the rules, regula- 
tions and orders of said board of public safety. In times of 
peril, from riot, extensive conflagration, disorder, or the ap- 
prehension thereof, the chief of policemen shall be subordinate 
‘to the mayor, and obey his orders and directions. 


§ 2865. Pension fund for fire- the benefit of firemen; the Legis- 
‘men. Act of March 16,1900, un- lature may delegate this power 
constitutional in so far as it un- to the municipality. McDonald 
<dertook without consent of the’ vy. City, 24 R., 271; and see City 
municipality to impose a tax for v. Thompson, 24 R., 384. 


CITIES OF THE FIRST CLASS. 709. 


§ 2869. Powers of officers and employes of departments. 
The officers and employes of said police departments shall pos- 
sess all the common law and statutory powers of constables, 
except for the service of civil process. 


§ 2870. Commissioners may appoint special police. Said 
commissioners may, in case of need, appoint special police to 
do special duty at any place within said city, and on such terms 
as they may deem proper; and these special policemen shall be 
governed by such rules and regulations as said commissioners 
may provide, and be given such powers as said commissioners 
allow; and in case no such rules are provided, they shall have 
the powers and duties of ordinary policemen. 


§ 2871. Assessments for political purposes forbidden—pen- 
alty. No officer or policemen, or member of the fire depart- 
ment, shall be called on for any contribution or assessment by 
any superior or political organization or committee. No officer 
or member of said police or fire department, shall be allowed 
to solicit any contributions or funds, or to sell any tickets, or 
procure money by any devices from the public. Any person 
violating the provisions of this section shall be fined in a sum 
not exceeding one hundred dollars, or imprisoned for a period 
not exceeding two months or both so fined and imprisoned, 


§ 2872. Policemen not to receive gratuity for service. No 
policeman or police officer shall be allowed, without the con- 
sent of the board in each case, to receive any money, or gratu- 
ity, or compensation, in addition to his salary, for any service 
he may render. 

(Act of March 23, 1894.) 


§ 2873. Police—control by board of public safety. The gov- 
ernment, administration, disposition and discipline of the police 
department and police force shall be such as the board of 
public safety may, and is hereby authorized from time to time 
by rules, orders and regulations, prescribe, but in strict con- 
formity to the provisions of ‘‘An act for the government of 
cities of the first class.’’ 





§ 2870. Special police may be section. City v. Young, 23 R., 
appointed under authority ofthis 1429. 


710 AN ACT FOR THE GOVERNMENT OF 





§ 2874. Rules and regulations—examination of charges—re- 
moval—copy of rules, evidence. The board of public safety is 
authorized and empowered to make, adopt and enforce rules, 
orders, and regulations for the government, discipline, ad- 
ministration and disposition of the police department and police 
force and the members thereof. The board shall have power, 
and it is authorized to adopt rules and regulations for the ex- 
amination, hearing, investigation and determination of charges 
made or preferred against members of the said police force, but 
no member or members of the police force (except as provided 
in this chapter) shall be fined, reprimanded, removed, suspended 
or dismissed from the police force, until written charges shall 
have been made or preferred against him or them, nor until 
such charges have been examined, heard and investigated be- 
fore said board, upon such reasonable notice to the member 
or members charged, and in such manner of procedure, practice, 
examination and investigation as the said board of public safety 
may, by rules and regulations, from time to time, prescribe: 
Provided, however, That any member of the police force who 
is now or may hereafter become insane or of unsound mind, — 
so as to be unable or unfit to perform full police service or 
duty, may be removed and dismissed from the police force by 
resolution of the board of public safety. A copy of the rules 
and regulations, or any or either of them, of the police depart- 
ment or board of public safety, passed or adopted by such 
board, may, when certified by the president of said board and 
the chief clerk of said police department or board, be given 
in evidence upon any trial, investigation, hearing or proceed- 
ing, in any court or before any tribunal, commissioner or com- 
missioners, board or competent body, with the same foree and 
effect as the original. 


§ 2875. Board of public safety—powers in compelling at- 
tendance of witnesses and in investigating charges. The board 
of public safety shall have the power to issue subpoenas, tested 
in the name of the chairman, to compel the attendance of wit- 
nesses upon any proceedings authorized by law or its rules and 
regulations. The board of public safety is hereby authorized 
and empowered to investigate, take evidence and hear any 
charge or charges made or preferred against any member or 
members of the police force; but no judgment or other deter- 


§ 2874. Removal of Policemen —limitation of action. Gorley v. 
without notice or before charges City, 104 Ky., 372; 20 R., 602; 
are preferred is unauthorized—see Gorley v. City, 23 R., 1782; 
recovery of salary after removaland note to sec. 2880. 


CITIES OF THE FIRST CLASS. Tit 


mination shall be rendered or pronounced, dismissing, remov- 
ing or suspending any member or members of said police force, 
or imposing any fine or forfeiture, unless a majority of the 
board of public safety shall concur. 


§ 2876. Ordinances enforced—information furnished. The 
board of public safety shall at all times cause the ordinances of 
cities of the first class, not in conflict with law, to be properly 
enforced; and it shall be the duty of said board at all times, 
whenever consistent with the rules and regulations of the board 
and the requirements of this act, to furnish all information de- 
sired. 


§ 2877. Stations and station houses—business accommoda- 
tions—patrol wagons and horses to be furnished. The board 
of public safety may, from time to time, establish, provide and 
furnish stations and station-houses for the accommodation 
thereat of members of the police force, and as places of tem- 
porary detention for persons arrested; and it shall also provide 
and furnish such business accommodations, apparatus and ar- 
ticles, and provide for the care thereof, as shall be necessary 
for the department of police and the transaction of the business 
of the department. The said board of public safety is here- 
by authorized and empowered to furnish horses and wagons, to 
be known as patrol-wagons, to be assigned to police head- 
quarters, which said horses and wagons shall be under the 
eustody and care of said department and for the exclusive use 
thereof. 


§ 2877a. 1. Station-houses for female prisoners to be desig- 
nated. That within ninety days after the adjournment of the 
present General Assembly, the mayor of each city of the first 
class shall designate one or more station-houses within the said 
eity for the detention of all female prisoners who may be prop- 
erly detained in a station-house while awaiting trial, and said 
mayor may thereafter change the station-house or station- 
houses so designated: Provided, however, That at least one 
station-house shall always remain as a place in which female 
prisoners shall be detained, until they shall have been set at 
liberty, or removed by order of a competent court. 

2. Jail designated. Where there shall be a county jail in 
said city of the first class, the mayor of said city shall also 
designate it as a place in which female prisoners may be de- 
tained awaiting trial, or after trial, until removed or set at 
liberty by the order of a competent court. 

3. Matrons to look after female prisoners to be appointed. 
Immediately upon such designation of such station-house or 


Vi? AN ACT FOR THE GOVERNMENT OF 





station-houses and county jail, if there be a jail in such city, the 
mayor of said city shall appoint for each of said station-houses 
and jail, two respectable women to care for and have supervi- 
sion over the female prisoners in said places of detention. One 
of the women appointed by the mayor shall be called police 
matron, and she will be stationed at the jail, if there be a jail 
in the county, and there shall also be appointed by the mayor 
an assistant police matron for the jail, and two assistant police 
matrons for each of the station-houses which may have been 
designated by the mayor for the detention of female prisoners. 

4. Matrons to be recommended by certain societies. No 
woman shall be appointed either police matron or assistant 
police matron, who has not been recommended to the mayor by 
a committee of women, composed of one woman selected by 
each of the following organizations, viz.: Home for Friendless 
Women, Flower Mission, Free Kindergarten Association, Hu- 
mane Society, Charity Organization Society, City Federation of 
Women’s Clubs, Kentucky Children’s Home Society, District 
Women’s Christian Temperance Union of Louisville, Kentucky, 
and Women’s Christian Association. If all of said associa- 
tions shall not appoint a representative on said committee, then 
the mayor shall make the appointments herein provided for, 
upon the recommendation of those of the said asociations who 
do appoint a representative upon said committee. 

5. Term of office of matrons. Neither the police matron 
nor assistant police matrons shall be appointed for any definite 
term, but they shall hold their positons until removed, whick 
may be done at any time by the mayor, by a written order, 
stating the cause of such removal, and a copy of the order 
shall be furnished by the mayor to the committee above pro- 
vided for. Upon the death, resignation, or removal of either 
of the women so appointed by the mayor, her successor shall 
be appointed in the manner aforesaid, within two days after @ 
successor or successors shall have been recommended to the 
mayor by the committee provided for in section 4 of this act. 


6. Hours of service and duties of matrons. The hours of 
service of the police matron and the assistant matrons shall 
be so arranged by the chief of police, that at least one of them 
shall at all hours of the day and night be on duty at each of the 
places in which there shall be one or more female prisoners 
detained. The police matron shall have, subject to the control! 
of the chief of police, the entire care of women and children un- 
der arrest in station-house or jail, designated for female pris- 
oners, and she may call upon a police officer or a jailer, or his 
deputy for assistance. 


CITIES OF THE FIRST CLASS, 713 





7. Rooms to be provided for matrons and female prisoners. 
In every station or jail, in which a police matron or an as- 
sistant police matron serves, sufficient and proper accommoda- 
tions shall be provided therein for women confined under arrest. 
There shall also be provided at said jail, and at each station- 
house designated for female prisoners a comfortable and suit- 
able room or rooms which the police matron or the assistant 
police matron, as the case may be, may occupy; and if, in the 
opinion of such matron, the accommodations are not sufficient, 
or proper, she shall notify the mayor, and he shall provide the 
necessary and proper accommodations; the expense necessary 
therefor to be paid by the city. 

8. Matron to be notified when female or child incarcerated. 
Whenever in any city where a police matron should be ap- 
pointed under this act, a woman or child is taken to the sta- 
tion-house or jail to which a police matron or an assistant police 
matron is attached, and she shall not be present at the time 
said woman or child is received, the keeper of said station or 
jail shall immediately notify her that such female, or child, is 
detained at said place. 

9. Matron to have charge of assistant matrons. The police 
matron shall, subject to the chief of police, have charge of the 
assistant police matrons and shall instruct them as to their 
duties and shall see that they give proper care to the female 
prisoners under their charge. 

10. Matrons to attend criminal courts—when. The police 
matron or one of the assistant police matrons shall attend the 
eireuit court and police courts in said city whenever a female 
prisoner is brought before said courts, and she shall have charge 
of said women, subject to the orders of the court. 

11. ‘‘Police station,’’ ‘‘woman,’’ meaning of words. The 
words ‘“‘police station’’ shall be construed under this act to 
mean any place where persons are temporarily under arrest ; 
the word ‘‘women’’ shall include any person of the female 
sex. 


12. Matron to be present when female searched—salary of 
matron and asistants—expenses, how and by whom paid. When- 
ever it becomes necessary to search a female prisoner, it shall 
be done by or in the presence of the police matron, or an as- 
sistant police matron. The salary of the police matron shall be 
sixty-five dollars per month, and that of each of the assistant 
police matrons forty-five dollars per month. The expenses 
necessary for providing the proper accommodations for the 
police matron and assistant police matrons at the jail, and for 
sufficient and suitable accommodations for the female prisoners 
detained therein, as provided for in this act, and the salary 


Ve AN ACT FOR THE GOVERNMENT OF 


of the police matron and the assistant police matron at the 
jail, shall be borne by the city and county in which said jail 
is located, jointly, in the same way as other expenses are now 
apportioned between the county and city of the first class, 
and the expense necessary for providing a suitable room or 
rooms at each of the station-houses designated for the detention 
of female prisoners and the salary of each of the assistant 
police matrons at said station-houses, and the expense of pro- 
viding suitable accommodations for said female prisoners, shall 
be borne by the city of the first class as other expenses in 
the police department are provided. (This section is an act of 
March 10, 1898; the numbers of the sub-sections are the num- 
bers of the sections of the act.) 


§ 2878. Mounted patrols—teams and vehicles—board may 
dispose of the personal property of the department. In rural 
and sparsely inhabited precincts the board of public safety may 
establish a mounted patrol, and procure and use and employ so 
many horses and equipments as shall be requisite for the pur- 
pose; and they may procure and cause to be used any teams 
and vehicles required, and may sell and dispose of, in accord- 
ance with law, any personal property owned or used in the de- 
partment whenever it shall have become old and unfit and not 
required for service. 


§ 2879. Police to advise and report to board of safety. It 
shall be the duty of the members of the police force to promptly 
advise the board of public safety of all threatened danger to 
human life or health, and of all matters thought to demand 
its attention, and to regularly report to said board of publie 
safety all violations of its rules and ordinances and of the health 
laws, and all useful sanitary information under such rules as 
the board of public safety may provide. 


§ 2880. Police force—board to appoint—increase of—com- 
pensation—detectives. The police force shall consist of one 
chief of police, with the rank of colonel; one assistant chief of 
police, with the rank of major; seven captains of police, four- 
teen lieutenants of police, twenty-two sergeants of police, one 
secretary of police, and patrolmen not exceeding one for each 





SSS s 


§ 2880. Policemen — council 
may determine number of and re- 
duce number of. Board of pub- 
lic safety can not. Neumeyer v. 
Krakel, 23 R., 190; and note sec. 
2874, 


The council may reduce the 
number of policemen (by ordi- 
nance and a policeman removed 
to adjust the size of the police 
force to that required by the or- 
dinance can not recover of the 


CITIES OF THE FIRST CLASS. 


~l] 
— 
Ct 








seven hundred inhabitants. The board of public safety shall 
appoint all the members of the police force, and shall have 
power, and is authorized, to increase the police force by adding 
to the number of patrolmen, from time to time, provided the 
general council shall have previously made an appropriation 
for that express purpose. The board of general council may 
include in the annual tax levy an amount sufficient to provide 
for the compensation of additional patrolmen authorized to be 
appointed pursuant to the provisions of this section. The board 
of public safety shall maintain and continue a detective force, 
and shall select and appoint to perform detective duty, one of 
whom shall be chief of detectives, as many patrolmen as said 
board of public safety may, from time to time, determine to be 
necessary, to make this branch of the police force efficient. The 
patrolmen so selected and apointed shall be called detective 
sergeants, and shall, while performing such detective duty, be 
vested with the same authority and he entitled to receive and 
be paid such salary as policemen as the general council may, 
from time to time, provide. 

But the board of public safety may, by resolution, reduce to 
the grade of patrolmen, and transfer such detectives, or any 
number of them, to perform patrol or other police duty, and, 
when so transferred, they shall only receive and be paid the 
same rate of compensation each as patrolmen of police. 
(Section as amended March, 1906.) 


o 


§ 2881. Promotions by the board—order of—chief of police. 
Promotions of officers and members of the police force shall be 
made by the board only on the grounds of meritorious police 
service and superior capacity, and shall be as follows: Ser- 
geants of police shall be selected from among patrolmen; 
heutenants of police from among sergeants; captains of police 
from among lieutenants, and major of police from among cap- 
tains. But the chief of police may be appointed by said board 
as it may deem best. 


city the salary which he would 
have received had he not ‘been so 
removed. Wagner vy. City of 
Louisville, 117 S. W., 283. 
Where a police officer was 
wrongfully discharged, and his 
place was filled by the officers 


remaining, some one of whom 
drew the salary which the officer 
would have received had he re- 
mained on the force, the officer 
could not recover from the city 
salary during the time he was 
discharged. Id. 


716 AN ACT FOR THE GOVERNMENT OF 





§ 2882. Reprimanding, suspending, dismissing, deducting or 
withholding pay of member of force—actions—limitation. The 
board of public safety shall have power, in its discretion, on 
conviction by said board, or by any court or officer of competent 
jurisdiction, of a member of the force of any legal or eriminal 
offense or neglect of duty, violation of rules, or neglect or dis- 
obedience of orders, or absence without leave, or any conduct 
injurious to the public peace or welfare, or immoral conduct 
or conduct unbecoming an officer, or other breach of discipline, 
to punish the offending party by reprimand, forfeiting and 
withholding pay for a specified time, suspension without pay 
during such suspension, or by dismissal from the force; but 
no more than thirty days’ pay or salary shall be forfeited or 
deducted for any offense. The board is also authorized and 
empowered, in their discretion, to deduct and withhold pay, 
salary or compensation from any member or members of the 
police force, for, or on account of absence for any cause, with- 
out leave, lost or sick time, sickness or other disability, physical 
or mental; and said board is authorized, from time to time, 
to make and prescribe rules and regulations to carry into effect 
and enforce the provisions of this section. No action, suit or 
proceeding, either at law or in equity, shall be commenced or 
maintained against the city, board of puble safety, or any 
member thereof, or against the mayor, or member or members 
of the general council, by any member or officer, or former 
member or officer of, or belonging to, the police force or de- 
partment of said city, to recover or compel the payment of any 
salary, pay, money or compensation for, or on account of any 
service or duty, or to recover any salary, compensation, or 
moneys, or part thereof, forfeited, deducted or withheld for 
any cause, or to restore or reinstate to the police force or de- 
partment, any member or officer therof, unless such action, 
suit or proceeding shall be commenced within six months after 
the cause of action shall have accrued. 


§ 2882. (1) Removal of police- (3) 
man—without notice or ‘before 
charges preferred is unauthoriz- 


Appointive city officers 
cannot by statute be given a term 
longer than four years; and 


ed-——recovery of salary after re- 
moval. Gorley v. City, 104 Ky., 
372; 20 R., 602; and see Gorley 
VCity 23°98 ese 

(2) Unconstitutional. So much 
of this section as fixes a six 
months’ statute of limitation is 
held to Se unconstitutional in 
Gorley v. City of Louisville, 20 
R33 6027 Os yea 7 ee 


therefore it would seem that Ky. 
St., secs. 2874, 2882, providing, 
in effect, that policemen shall not 
be removed by the board of safe- 
ty during good behavior, are void 
to the extent that they attempt 
to give a term of more than four 
years. Neumeyer y. Krakel, 62 
S. W., 518; 110 Ky., 624; 23 Ky. 
Law Rep., 190. 


CITIES OF THE FIRST CLASS, The 


§ 2883. Forfeiture of salary—absence without leave—dis- 
missal—leave of absense. No member of the police force, un- 
der penalty of forfeiting the salary or pay which may be due 
him, shall withdraw or resign, except by permission of the 
board of public safety. Absence without leave of any mem- 
ber of the police force for five consecutive days shall be deemed 
and held to be a resignation, and the member so absent shall, 
at the expiration of said period, cease to be a member of the 
police force, and be dismissed therefrom without notice: No 
leave of absence exceeding twenty days in one year, shall be 
granted or allowed ary member of the police force. 


§ 2884. Salary of officers and members of police force— 
payable monthly. The board of public safety shall designate 
the salary and compensation for each member and officer of 
said police force, and may fix the salaries and compensations of 
such clerks and employes, other than policemen, whom they 
shall be authorized by law to employ, subject, however, to 
the gross amount of the appropriation made by the general 
council for the support of said department. The compensa- 
tion of the members of the police force shall be payable monthly 
by pay-rolls as provided by ordinances. 


§ 2885. Duties of the police force. It is hereby made the 
duty of the police force, at all times of day and night and the 
members of such force are hereby thereunto empowered, to 
especially preserve the public peace, prevent crime; detect and 
arrest offenders; suppress riots, mobs and insurrections; dis- 
perse unlawful or dangerous assemblages, and assemblages 
which obstruct the free passage of public streets, sidewalks, 
parks and places; protect the rights of persons and property; 
guard the public health; preserve order at elections and all 
public meetings and assemblages; prevent and regulate the 
movements of teams and vehicles in streets, and remove all 
nuisances in the public streets, parks, highways; arrest all 
street mendicants and beggars; provide proper police attend- 
ance at fires; assist, advise and protect immigrants, strangers 
and travelers in public streets, at steamboat landings and at 





§ 2884. Salary designated by 
Board of Safety. Neumeyer, Au- 
ditor, v. Krakel, 23 R., 190. 


§ 2885. Policemen’s powe rs in 
making arrests. Policemen un- 
der the provisions of the charter 
may, with or without a warrant, 


arrest a person guilty of offenses 
against the laws or ordinances 
of the city. Jamison v. Gaernett, 
10 Bush, 221. Policemen making 
arrests for felonies act as officers 
of the State, and not as officers 
of the city. Pollock v. Louisville, 
TS Bush, 221. 


718 AN ACT FOR THE GOVERNMENT OF 


realroad stations; carefully observe and inspect all places of 
public amusement, all places of business having excise or 
other licenses to carry on any business; all houses of ill-fame 
or prostitution, and houses where common prostitutes resort 
or reside; all lottery offices, policy shops, and places where lot- 
tery tickets or lottery policies are sold or offered for sale; all 
gambling houses, cock-pits, rat-pits, and public common dance 
houses, and to repress and restrain all unlawful or disorderly 
conduct or practices therein; enforce and prevent the viola- 
tion of all laws and ordinances in force in said city; and for 
these purposes, with or without warrant, to arrest all persons 
guilty of violating any law or ordinances for the suppression 
or punishment of crimes or offenses. 


§ 2886. Supervision over pawnbrokers and other licensed 
and unlicensed business. The chief of police and each captain 
of police within his district shall possess powers of general 
police supervision and inspection over all licensed or unli- 
censed pawnbrokers, venders, junkshopkeepers, junk boat- 
men, cartmen, dealers in secondhand merchandise, intelligence 
office keepers and auctioneers within the city; and in the exer- 
cise of and in furtherance of said supervision may, from time 
to time, empower the members of the police force to fulfill such 
special duties in the aforesaid premises as may be, from time to 
time, ordained by the board of public safety. The said chief 
and each eaptain within his district may, by authority in 
writing, empower any member of the police force, whenever 
such member shall be in search of property feloniously ob- 
tained, or in search of suspected offenders or evidence to con- 
vict any person charged with crime, to examine the books of 
any pawnbroker, or his business premises, or the business 
premises of any licensed vender, or licensed junk-shop keeper, 
or dealer in second-hand merchandise, or intelligence office 
keeper, or auctioneer, or boat of any junk boatmen. Any such 
member of the police force, when thereto authorized in writing, 
by the said chief or captain, shall be authorized to examine 
property alleged to be pawned, pledged, deposited, lost or stolen, 
in whosoever possession said property may be; but no such 
property shall be taken from the possession thereof, without 
due process or authority of law. Any willful interference with 
the said chief or captain of police, or with any member of the 
police force, by any of the persons hereinbefore named in this 
section, whilst in official discharge of duty, shall be punished 
as a misdemeanor. 


§ 2887. Examination of pawnbroker’s books or tickets. 
The chief of police and persons acting by his orders shall have 


CITIES OF THE FIRST CLASS. 719 


power to examine the books of any pawnbroker, his clerk or 
clerks, if they deem it necessary, when in search of stolen 
property; and any person having in his possession a pawn- 
broker’s ticket shall, when accompanied by a policeman, or by 
an order from the chief of police or captain of police, exam- 
ine the property purporting to be pawned by said ticket; but 
no property shall be removed from the possession of any 
pawnbroker without the process of law required by the exist- 
ing laws of this State, or the laws and ordinances of the city 
regulating pawnbrokers. A refusal or neglect to comply in 
any respect with the provisions of this section on the part of 
any pawnbroker, his clerk or clerks, shall be deemed a mis- 
demeanor and punishable as such. 


§ 2888. Property clerk—stolen, lost or abandoned property 
—public pound. The board of public safety may employ some 
person as clerk, who shall be designated property clerk, to’ 
take charge of all property alleged to be stolen or embezzled, 
and which may be brought into the police office, and all prop- 
erty taken from the person of a prisoner, and all property or 
money alleged or supposed to have been feloniously obtained, 
or which shall be lost or abandoned, and which shall be taken 
into the custody of any member of the police force or criminal 
court, or which shall come into the custody of any police officer, 
shall be by such member, or by order of said court, given into: 
the custody of and kept by the property clerk of the police 
department. All such property and money shall be particu- 
larly described and registered by said property clerk in a book 
kept for that purpose, which shall contain the name of the 
owner, if ascertained, the place where found, the name of 
the person from whom taken, with the general circumstances, 
the date of its receipt, the name of the officer recovering the 
same, a description thereof, the names of all claimants thereto, 
and any final disposition of such property or money. The 
board of- public Safety may prescribe regulations in regard to 
the duties of the clerk so designated, and require and take 
security for the faithful performance of the duties imposed by 
this section; but all animals strayed, lost or stolen, which shall 
come into the possession of said property clerk, shall by him 
be transferred and sent to the public pound in said city, any- 
thing herein contained to the contrary nothwithstanding. 


§ 2889. Property taken on suspicion transmitted to prop- 
erty clerk—advertisement. All property or money taken on 
suspicion of having been feloniously obtained, or being the 
proceeds of crime, and for which there is no other claimant 


720 AN ACT FOR THE GOVERNMENT OR 





than the person from whom such property was taken, and ail 
lost property coming into the possession of any member of the 
said police force, and all porperty and money taken from pawn- 
brokers as the proceeds of crime, or by any such member from 
persons supposed to be insane, intoxicated, or otherwise in- 
eapable of taking care of themselves, shall be transmitted as 
soon as practicable to the property clerk, to be registered and 
advertised for the benefit of all persons interested, and for the 
information of the public, as to the amount and disposition of 
the property so taken into custody by the police. 


§ 2890. Unclaimed property—disposition of. If property 
stolen or embezzled be not claimed by the owner before the ex- 
piration of six months from the conviction of a person for 
stealing or embezzling it, the officer having it in his custody, 
must, on payment of the necessary expenses incurred in its 
preservation, deliver the same to the property clerk. The 
property so delivered to said property clerk, and all such other 
property, securities, moneys, things, or choses in action, that 
shall remain in the custody of the property clerk for a period 
of six months, without any lawful claimant thereto, after hav- 
ing been advertised for the period of ten days, mav be sold at 
public auction, in a suitable room to be designated for such 
purpose, and the proceeds of such sale shall be paid into the 
eity treasury to the credit of the police department. No prop- 
erty shall be delivered to the property clerk except as provided 
in this act. 


§ 2891. Property or money used as evidence—proceedings. 
If any property or money placed in the custody of the prop- 
erty clerk shall be desired as evidence in any police or other 
criminal court, such property shall be delivered to any officer 
who shall present an order to that effect from such court. 
Such property, however, shall not be retained in said court, 
but shall be returned to such property clerk to be disposed of 
according to the previous provisions of this chapter. 


§ 2892. Private policeman — appointment — qualification 
—bond—duties. The board of public safety shall, on appli- 
cation of any person or persons, appoint any number of pri- 
vate policemen to do duty at any place within the city, at the 
charge and expense of the person or persons by whom such 
application is made; and said privatte policeman shall have 
the same qualifications as to citizenship as members of the 
regular police force, and said private policemen, so appointed, 
shall take an oath of office and shall furnish bond in the same 
manner as patrolmen, and shall wear such dress and insignia 


CITIES OF THE FIRST CLASS. _.- TY 


of office as the board of public safety may direct. Said pri- 
vate policemen shall hold their appointment during good be- 
havior. While holding such appointment they shall be re- 
stricted in the performance of their duties to the particular 
place and locality to which they may be appointed. 


§ 2893. Qualifications of members of police force. Hach 
member and officer of the police force hereafter appointed 
shall be an elector and shall have been a resident for three 
years in the city in which he is appointed. No person shall be 
appointed a member or officer of the police force unless he 
is well known to be a man of sobriety and integrity, and has 
been and is an orderly and lawabiding citizen. No man shall 
be appointed a member or officer of the pohee force who has 
been convicted of any felony, or who has been engaged in 
any unlawful calling, or has pursued any calling in a manner 
forbidden by law; nor shall any person be appointed a mem- 
ber or officer of said force on account of any political partisan 
service rendered by him; nor shall any officer or member of 
said foree be removed, or discharged, or reduced in grade or 
pay for any political reasons. Their appointment and con- 
tinuance upon the police force shall depend absolutely upon 
their ability and their willingness to enforce the law. 


§ 2894. Oath and bond of members of force. Each offiicer 
and member of the police force, private policeman, special 
policeman and substitute policeman, before entering upon the 
discharge of his duties, shall take an oath before .the mayor, 
who is hereby empowered to administer the same, to well and 
faithfully discharge the duties of his office, which oath shall 
be subscribed by the person taking it and shall be filed for 
preservation in the office of the board of public safety. All 
bonds for the police force shall be signed by at least two free- 
holders as sureties, who shall prove to the satisfaction of the 
board of public safety that they own real estate within the 
eounty in which such city is located. 


§ 2895. Examination and inspection of force—proof of in- 
efficiency. It shall be the duty of the board of public safety. 
at least one in each year, to require the examination and in- 
spection of the entire police foree, and for this purpose the 
board of public safety may appoint such of its members as 
examiners as it may select. The board of public safety may 
order any officer or member of the force, at any time, to be 
inspected and examined. Gross ignorance of the laws and 
regulations governing and directing the police foree, and of 
ordinances of cities of the first class, after six months’ service 


722 AN ACT FOR THE GOVERNMENT OF 





as officer or member ,or at any time thereafter, shall be deemed 
conclusive proof of inefficiency, and said board may remove 
such officer or member of the force. 


§ 2896. Exemption from military or jury duty or civil 
process—political organization. No member of the police force 
shall be liable to military or jury duty, or to arrest on civil 
process, nor to be served with subpoenas from civil courts while 
actually on duty, nor shall any member of said force belong to- 
any political organization. 


FIREMEN’S PENSION FUND. 
(Act of February 19, 1902.) 


(The first section of this act, which is omitted, repealed an- 
act of March 16, 1900, and said act is. omitted.) 


§ 2896a. 2. Amendment. That an act entitled ‘‘An act for 
the government of cities of the first class,’’ approved July the 
first, eighteen hundred and ninety-three, be amended by add-- 
ing thereto the following: 


3. Fire department under control of board of public safety. 
That the government, administration, disposition and discipline 
of the fire department, and the officers, members and employes. 
thereof, shall be such as the board of public safety may, and 
is hereby authorized from time to time by rules, orders, and. 
regulations not in conflict with this act, to prescribe. 


4. Government of department—punishment of members— 
evidence. The board of public safety is authorized and em- 
powered to make, adopt and enforce rules, orders and regula-- 
tions, not in conflict with this act, for the government, disci-- 
pline,, administration and disposition of the fire department, 
and the officers, members and employes thereof. The board. 
shall have power, and it is authorized, to adopt rules and regula- 
tions for the examining, hearing, investigation and determining 
of charges made or preferred against members of the fire de- 
partment or employes thereof; but no officer, member, or em- 





§ 2896a. The act of March 16, of Trustees of the Firemen’s Pen- 
1900, was held unconstitutional sion Fund in refusing to grant a> 
in McDonald v. City, 24 R., 271. pension. Board of Trustees of 

Sub-sec. 22. The courts cannot Firemen’s Pension Fund v. Mc- 
review the action of the Board Crory, 1168. W., 326. 


CITIES OF THE FIRST CLASS. 792 





ploye thereof (except as provided in this act) shall be fined, 
reprimanded, removed, suspended or dismissed from the fire 
department until written charges have been made or preferred 
against him or them, nor until such charges have been ex- 
amined, heard and investigated before said board, upon such 
reasonable notice to the member or members charged, and in 
such manner of procedure, practice, examination, and investi- 
gation as the said board of public safety may, by rules and 
regulations, from time to time prescribe: Provided, however, 
That any officer, member, or employe of the fire department 
who is now or may hereafter become insane or of unsound mind, 
so as to be unable or unfit to perform full fire service or duty, 
may be removed or dismissed from the fire department by 
resolution of the board of public safety. 


A copy of the rules and regulations, or any or either of 
them, of the fire department or board of puble safety, may, 
when certified by the chairman or president of said board, and 
the chief clerk of said fire department or board of public 
safety, be given in evidence upon any trial, investigation, hear- 
ing, or proceeling of any court or before any tribunal, com- 
missioner or commissioners, board or competent body, with 
the same force and effect as the original. 

5 Board may summon witnesses—trials—judgment. . The 
board of public safety shall have power to issue subpoenas, 
attested in the name of the chairman or president, to compei 
the attendance of witnesses upon any proceeding authorized 
by law or its rules and regulations. The board of public 
safety is hereby authorized and empowered to investigate, 
take evidence, and hear any charge or charges made or pre- 
ferred against any member or members of the fire depart- 
ment, but no judgment or other determination shall be ren- 
dered or pronounced, dismissing, removing, or suspending any 
officer, member or employee of said fire department, or impos- 
ing any fine or forfeiture, unless a majority of the board of 
public safety shall concur. 


6. Board to provide equipment for department. The board 
of public safety may from time to time, establish, provide, 
and furnish engine houses ,and shall also provide and furnish 
such accommodations, apparatus, and articles, and provide 
for the care thereof as shall be necessary for the fire depart- 
_ ment and the transaction of the business of said department. 
The board of public safety is hereby authorized and empow- 
ered to furnish all kinds of apparatus, wagons, horses, and 
other necessary equipments for such houses. Which apparatus, 
wagons, horses, and other necesary equipments shall be under 


TOA AN ACT FOR THE GOVERNMENT OF 





the control and care of said fire department, and for the ex- 


elusive use thereof. 

7. Officers and men and their salaries. The fire depart- 
ment shall consist of one chief, whose salary shall not be less. 
than three thousand and five hundred dollars per year; one 
secretary for the fire department, whose salary shall not be 
less than one thousand and eight hundred dollars per year; 
assistants chiefs of firemen, not exceeding in number one to 
each six companies in active service, and the salary of each 
assistant chief shall not be less than one thousand and eight 
hundred dollars per year; one captain for each fire company, 
whose salary shall not be less than ninety-five dollars per 
month; one chief operator for the fire alarm telegraph, whose 
salary shall not be less than one thousand and five hundred 
dollars per year; one master mechanic or superintendent of 
machinery, whose salary shall not be less than one hundred 
dollars per month; one driver for each apparatus in service, 
whose salary shall not be less than two dollars and twenty- 
five cents per day; one stoker for each steam fire engine in 
service, whose salary shall not be less than two dollars and 
twenty-five cents per day; one engineer for each steam fire 
engine in service, whose salary shall not be less than ninety 
dollars per month; not less than two pipemen for each steam 
fire engine company, the salary of each not to be less than two 
dollars and fifty cents per day; seven laddermen for each hook 
and ladder company, the salary of each to be not less than two. 
dollars and fifty cents per day; not less than two tower men 
for each water tower company, whose salary shall not be less 
than two dollars and fifty cents per day; not less than two 
pipemen for each combination chemical and hose company, 
the salary of each not to be less than two dollars and fifty 
cents per day; not less than two hydrant men, each of whom 
shall receive a salary of not less than two dollars and fifty 
cents per day; not less than four fire alarm operators, the 
salary of each to be not less than two dollars and fifty cents 
per day; one aid to chief, whose salary shall be no less than 
two dollars and fifty cents per day; one foreman of repair 
shop, whose salary shall not be less than ninety dollars per 
month; not less than one employe, who shall be a mechanic, 
of the repair shop, whose salary shall not be less than tyre 
dollars and fifty cents per day; no less than one fire depart- 
ment painter, whose salary shall be no less than two dollars 
and fifty cents per day; not less than two pipemen for each 
chemical engine company, the salary of each not to be less 
than two dollars and fifty cents per day; not less than four ; 
linemen for fire alarm telegraph, each to receive a salary of 


CITIES OF THE FIRST CLASS. 


~l 
bo 
Or 


not less than two dolars and fifty cents per day; no less than 
one battery-man, whose salary shall not be less than two dol- 
lars and fifty cents per day. There shall not be less than one 
harness maker, whose salary shall not be less than two dollars. 
and fifty cents per day. There shall be not less than one sub- 
stitute fireman for each company. 

8. Firemen may be increased. The board of public safety 
may, upon the recommendation of the chief of firemen, in- 
erease the number of firemen to such number as may, in his. 
or their wisdom, be necessary to the efficiency of said depart- 
ment. 

9. Board to appoint all members—qualifications. The 
board of public safety shall appoint all officers, members and 
employes of the fire department. No person shall be eligible 
to serve as chief of firemen ,or assistant chief of firemen, who 
has not been a member of said department continuously for 
five years previous to his appointment or election. 

No person shall be a captain of any fire company who has 
not been a member of said department for three years, one 
year of which shall have been continuously previously to his: 
appointment. All promotions in the fire department shall be 
for merit, such promotions to be made only upon recommen- 
dation of the chief of firemen. 

10. Punishment of members guilty of offenses. The board 
of public safety shall have power in its discretion on convic- 
tion by said board, or by any court or officer of competent 
jurisdiction, of any officer, member or employe of the fire 
department, of any legal or criminal offense, or neglect of 
duty, violating of rules, or neglect or disobedience of orders, 
or absence without leave, or conduct unbecoming an officer, 
member or employe, or other breach of discipline, to punish 
the offending party by reprimand, forfeiting and withhold- 
ing pay for a specified time, suspension without pay during 
such suspension, or by dismissal from the force; but not more 
than thirty day’s pay or salary may be forfeited or deducted 
for any offense. 

11. Deduction of salary—trules of board. The board is also: 
authorized and empowered, in their discretion, to deduct and 
withhold pay, salary, or compensation from any officer, mem- 
ber ,or employe of the fire department for or on account of 
absence for any cause without leave, sickness, or other dis- 
ability, physical or mental. Said board is authorized from 
time to time to make and prescribe rules and regulations to 
carry into effect and enforce the provisions of this section. 


12. Absence of member—penalty—leave of absence. Ab- 
sence without leave, or without total disability of any officer, 


726 AN ACT FOR THE GOVERNMENT OF 


member, or employe of the fire department for five consecu- 
tive days shall be deemed and held to be a resignation, and 
the members so absent shall, at the expiration of said period, 
cease to be an officer, member or employe of the fire depart- 
ment, and be dismissed therefrom without notice. No leave 
of absence shall be granted or allowed any officer, member, 
or employe of the fire department without the recommenda- 
tion or approval of the chief of said department. 


13. Compensation of other employes—payment of salaries. 
The board of publie safety shall designate the salary and com- 
pensation of any other persons than those mentioned in this 
act whom they shall be authorized by law to employ, subject, 
however, to the gross amount of the appropriation made by 
the general council for the support of said department. Com- 
pensation of the officers, members and employes of the fire 
department shall be payable monthly by pay-roll, as provided 
by ordinance. 

14. Privileges of members.. No officer, member, or em- 
ploye of the fire department shall be liable for military or 
jury duty, or to arrest on civil process, nor to be served with 
subpoenas from civil courts while on duty at a fire. 


15. Penalty for interfering with when on duty. The officers, 
members and employes of the fire department, with their ap- 
paratus of all kinds when on duty, shall -have the right of way 
at any fire and in any highway, street or avenue, over any 
and all vehicles of any kind, except those carrying United 
States mails, and any person in or upon or owning any vehi- 
cles, who shall refuse the right of way, or in any way will- 
fully obstruct any fire apparatus, or any of its said officers, 
members or employes while in the performance of their duties, 
shall be guilty of a misdemeanor, and lable to punishment 
for the same. 


16. Firemen’s pension fund—who compose. There shall 
be organized in connection with said department a board to 
be known as the board of trustees of the firemen’s pension 
fund, which shall be composed of the mayor, chairman of 
board of public safety, city treasurer, chief fireman, and 
comptroller, and said board shall select from their number 
a president and a secretary. The city treasurer shall be ez- 


officio treasurer of said board and the funds coming into his 
hands. 


17. Taxation for pension fund—other resources—invest- 
ment of fund. There may be levied and set apart by the gen- 
eral councils of cities of the first class a tax for the year nine- 


CITIES OF THE FIRST CLASS. 


—] 
bo 
~| 


teen hundred and three, not exceeding one cent on each one 
hundred dollars of value of the taxable property in said cities. 
for said year as a fund for the pensioning of crippled and 
disabled members of the fire department, and of the widows. 
and dependent children under the age of fourteen years,. 
and dependent fathers and mothers of deceased members of 
the fire department of said cities, and a like tax may be lev- 
ied and set apart for the same purpose, for any succeeding 
year when the amount and value of property to the credit of 
the firemen’s pension fund falls below three hundred thousand 
dollars as of the date of the first of September, preceding ; 
that is, if, during any year succeeding nineteen hundred and 
two, there shall be to the credit of the firemen’s pension fund 
on September 1, property and funds of less value than three 
hundred thousand dollars, then the general council of cities. 
of the first class may levy and set apart for the year succeed- 
ing a tax of one cent on each one hundred dollars of value 
of the taxable property in said cities where said condition: 
oecurs for said years as a fund for the purpose herein de- 
fined. And all moneys withheld from the officers, members or 
employes of the fire department as punishment of any breach 
of discipline, misconduct or violation of the rules and regu- 
lations for said department shall be paid into said fund each: 
month and credited upon the pay-roll of the department, pay- 
able to said fund for that purpose; and all fines imposed by 
the board of public safety upon officers, members or employes: 
of the fire department, by way of discipline, and collectible 
from pay or salary, and all rewards, fees, proceeds of gifts. 
and emoluments that may be paid or given on account of ex- 
traordinary service of any officer, member or employe of the 
department (except when specially allowed by the board of 
public safety to be retained by such members) shall be paid 
into the treasury to the credit of the firemen’s pension fund.. 
The payment so made, together with the tax levy aforesaid, 
shall constitute and be kept as a fund, to be ealled the fire- 
men’s pension fund, and the said board heretofore designated 
is hereby declared to be the trustee of said fund, and they shall 
have power, and it shall be their duty, from time to time, 
to invest the same, in whole or in part, as they shall deem 
most advantageous for the object of the said fund; and they 
are empowered to make all the necessary contracts and to 
take all the necessary remedies in the premises. 

18. Control of fund—assessment of members. Said board 
shall have exclusive control and management of the said fund, 
and all moneys donated, paid, or assessed for the relief or pen- 
sioning of disabled members of the fire department, their 


798 AN ACT FOR THE GOVERNMENT OF 


widows and dependent children under ;the age of fourteen 
years, or dependent fathers and mothers, and may assess each 
member of the fire department one per centum of the salary 
of such member, to be deducted and withheld from the monthly 
pay of each member so assessed, the same to be placed by the 
treasurer of each city to the credit of such fund, subject to 
the order of such board. 

19. Pension board—powers of. The said board shall have 
all needful rules and regulations for its government in the 
discharge of its duties, and shall hear and decide all applica- 
tions for relief or pensions under this act, and its decisions on 
such applications shall be final and conclusive, and not subject 
to revision or reversal, except by said board, and a record 
shall be kept of all the meetings and the proceedings of said 
board. 

20. Investment of fund. The said board of trustees shall 
have power to draw such pension fund from the treasury and 
may invest the same, or any part thereof, in the name of the 
board of trustees of the firemen’s pension fund, in interest- 
bearing bonds of the United States or the State of Kentucky, 
or any city of the first class in the State of Kentucky, and all 
such securities shall be deposited with the treasurer of said 
city, as ex-officio treasurer of said board, and shall be subject 
to the order of said board. 

21. Whole fund devoted to pensions. Both the principal and 
interest of said pension fund shall be applicable to the pay- 
ment of pensions under this act. 


22. Beneficiaries of fund—amount of pension. If any officer, 
member, or employe of the fire department, while in the per- 
formance of his duty, becomes temporarily totally disabled, 
physically or mentally, for service by reason of service in such 
department, the board of trustees shall order the payment to 
such disabled officer, member or employe, monthly, during such 
disability, not to exceed one year, from such pension fund, a 
sum equal to the monthly compensation allowed such officer, 
member, or employe as salary at the date of his disability, pro- 
vided such officer, member or employe, during the same period, 
is paid no salary as such officer, member or employe. If any 
officer, member or employe of the fire department, while in the 
performance of his duty, becomes’ mentally or physically per- 
manently disabled by reason of service in such department, so 
as to render necessary his retirement from service in said de- 
partment, said board of trustees shall retire such disabled mem- 
ber from service in such fire department: Provided, No such 
retirement on account of disability shall occur unless said mem- 
ber has contracted said disability while in the service of said 


CITIES OF THE FIRST CLASS. 729 





fire department; and upon such retirement the board of trus- 
tees shall order the payment to such disabled member of such 
fire department, monthly, from such pension fund, a sum equal 
to one-half of the monthly compensation allowed to such officer, 
member or employe as salary at the date of his retirement. 
if any member of said fire department shall, while in the per- 
formance of his duty, be killed, or dies as the result of an in- 
jury received in the line of his duty, or of any disease con- 
tracted by reason of his occupation, or shall die from any cause 
whatever as the result of his services in said department, and 
while in said service, or after having served in the department 
for fifteen consecutive years shall die while in the service or on 
the retired list from any cause, and shall leave a widow, or 
child or children under the age of fourteen years, or, if un- 
married and childless, shall leave a dependent father or mother 
surviving, said board of trustees shall direct the payment from 
said pension fund, monthly, to such widow, while unmarried, 
of thirty dollars, and for each child until it reaches the age of 
fourteen years, six dollars, and to the dependent father and 
mother, if said deceased member was unmarried and childless, 
thirty dollars, the pension to the father and mother to be 
paid as follows: If the father be dead, the mother shall re- 
ceive the entire thirty dollars, and if the mother be dead, the 
father shall receive the entire thirty dollars, and if both be 
living, each shal receive fifteen dollars. 

23. Deficit in fund—how equalized. If, at any time, there 
shall not be sufficient money in such pension fund to pay each 
person entitled to the benefit thereof the amount per month as 
herein provided, then an equal percentage of such monthly pay- 
ments shall be made to each beneficiary until the said fund shall 
be replenished to warrant the payment in full to each of said 
beneficiaries. 


24. Retirement of fireman—pension. Any member of the 
fire department of such cities having served twenty years or 
more consecutively in such fire department may make applica- 
tion to be relieved from such fire department, and if his ap- 
plication is granted, the said board of trustees shall order and 
direct that such persons be paid a monthly pension equal to 
one-half the amount of the salary said person is or was in re- 
ceipt of as a member of said department at the time of granting 
appleation. 


25. Funeral expenses paid. Whenever an active or retired 
fireman shall die as aforesaid, the board of trustees may ap- 
propriate from the fund a sum not exceeding one hundred dol- 
lars to the widow or family for funeral expenses, and may ex- 


730 AN ACT FOR THE GOVERNMENT OF 





pend a sum not exceeding fifty dollars for the expenses of the 
attendance of the firemen at said funeral. 

26. Who entitled to receive pension. No person shall be en- 
titled to receive any pension from the said fund except a regu- 
larly retired member or a regular member in said fire depart- 
ment, his widow and children under the age of fourteen years, 
and his dependent father or mother. 

27. Treasurer of fund—bond of. The treasurer of the board 
of trustees shall be the custodian of said pension fund, and shal? 
secure and safely keep the same, subject to the control and 
direction of the board, and shall keep his books and accounts 
concerning said fund in such manner as may be prescribed by 
the board, and the said books and accounts shall always be sub- 
ject to the inspection of the board or any member thereof. The 
treasurer shall, within ten days after his election or appoint- 
ment, execute a bond to the city, with good and. sufficient. 
surety, in such penal sum as the board shall direct, to be ap- 
proved by the board, conditioned for the faithful performance 
of the duties of his office, and that he will safely keep and 
well and truthfully account for all moneys and properties which 
may come into his hands as such treasurer, and that, upon the 
expiration of his term of office, he will surrender and deliver to 
his successor all bonds, securities, and all unexpended moneys 
or other properties which may have come into his hands as 
treasurer of said fund. Said bond shall be filed in the office 
of the comptroller as other bonds, and may be sued on in the 
name of said city, for the use of said board, or in the name 
of said board, or any person or persons injured by a breach 
thereof. — 

28. Warrants on fund. It shall be the duty of such officer 
or officers of the city as are designated by law to draw war- 
rants on the treasurer of said city, on request in writing by said 
board of trustees, to draw warrants on the treasurer of said 
city, payable to the treasurer of said board of trustees, for all 
funds belonging to said pension fund as aforesaid. 


29. Payment of money. <All moneys ordered to be paid from 
said pension fund to any person or persons shall be paid by the 
treasurer of the board of trustees only upon warrant signed 
by the president of said board and countersigned by the secre- 
tary thereof, and no warrant shall be drawn except by order of 
the board after having been duly entered on the records of the 
proceedings of the board. | : 

30. Reports to council. The board of trustees shall make a 
report to the general council of said city of the condition of 
said pension fund on the last meeting night in August in each 
and every year. 


CITIES OF THE FIRST CLASS. 731i 


31. Exemption of fund from legal process. No portion of 
said pension fund shall, before or after its order for distribu- 
tion by the board of trustees to the persons entitled thereto, 
be held, seized, taken, subjected to, or detained or levied upon 
by virtue of any attachment, execution, injunction, writ, in- 
terlocutory or other order or decree, or any process or pro- 
eeeding whatever issued out of or by any court of this State 
for the payment of satisfaction in whole or in part of any debt, 
damage, claim, demand or judgment against the beneficiary of 
said fund; but said fund shall be held and distributed for the 
purposes of this act, and for no other purpose whatever. 


32. City attorney to advise and represent. It shall be the 
duty of the attorney of cities of the first class to give advice 
vo the board of trustees of the firemen’s pension fund in all 
matters pertaining to their duties and management of said fund 
whenever thereunto requested, and he shall represent and de- 
fend said board as its attorney in all suits at law or in equity 
that may be brought against it, and bring all suits and actions 
in its behalf that may be required or determined upon by said 
board. 


33. Existing pensions continued. All persons who are now 
on the pension roll receiving pensions from the firemen’s pen- 
sion fund, as now constituted, shall be continued on the pen- 
sion roll under this act, and shall receive pensions hereafter 
of like amount, and under like limitations, as they now respec- 
tively enjoy. (The numbers of the subsections are the numbers 
of the sections of the act.) 


Policemen’s Pension Fund. 


§ 2896b. 1. Policemen’s pension fund. That, in the month 
of July, in the year nineteen hundred and four, there shall be 
organized in connection with the police department in all cities 
of the first class in this Commonwealth, a board to be known as 
the board of trustees of the policemen’s pension fund, which 
board shall be composed of the mayor, the chairman of the 
board of public safety, the city treasurer, the chief of police 
and the comptroller, and said board shall select from its mem- 
bers a president and secretary. The city treasurer =4 all be ex- 
officio treasurer of said board, and the funds coming into his 


§ 2896b. A policeman who ac- widow is not entitled to a pen- 
cidentally shot himself while at sion. McAuliffe v. Board of Trus- 
home and off duty was not shot tees of Policemen’s' Pension 
while in the line of duty and his Fund, 115 S. W., 808. 


739 AN ACT FOR THE GOVERNMENT OF 


hands. The members of said board shall continue members 
thereof until their respective successors are elected, or ap- 
pointed, and qualified. 

2. There may be levied and set apart by the general coun- 
cils of all cities of the first class in this Commonwealth, for 
the year nineteen hundred and five, a tax of not more than one 
cent on each one hundred dollars of value of the taxable prop- 
erty in said cities for said year, as a fund for the pensioning, 
as hereinafter provided of members of the police department, 
and the families of deceased members thereof in said cities, and. 
a like tax may be levied and set apart for the same purpose’ 
for each succeeding year until said fund shall have reached 
the sum of three hundred thousand dollars as of date the first 
of September, preceding, in which event the levy of said tax 
shall cease; but should said fund thereafter, as of the first of 
September in any year, fall below the sum of three hundred 
thousand dollars, then said tax may be levied for the next 
succeeding year and for each year thereafter until said fund 
shall have again reached the sum of three hundred thousand 
dollars as of the first of September immediately preceding the 
time of making the usual tax levy in said cities, it being one 
of the purposes of this act to permit the amount of said fund 
to be kept at all times as near as possible to three hundred 
thousand dollars. All moneys withheld from officers, members ~ 
or employes of the police department as punishments for any 
breach of discipline, misconduct or violation of the rules and 
regulations of said department shall be paid into said fund 
each month and eredited upon the pay-roll of the department, 
payable to said fund for that purpose, and all fines imposed by 
the Board of Publie Safety upon officers, members or employes 
of the police department, by way of discipline, and collectible 
from pay or salary, shall be paid into the treasury to the credit 
of said fund. Donations may also be made to said fund by 
gift or devise. Such donations, together with the payments 
aforesaid and the tax levy aforesaid, shall constitute and be 
kept as a fund to be ealled the Policemen’s Pension Fund, and 
the board hereinbefore designated is hereby declared to be the 
trustee of said fund, and it shall have power and it shall be 
its duty, from time to time, to invest the same. in whole or in 
part, as it shall deem most advantageous for the objects of the 
said fund; and it is empowered to take all necessary remedies in 
the premises. 

3. Said board shall have exclusive control and management 
of said fund, and may assess each member of the police de- 
partment one percentum of the salary of such member, to be 
deducted and withheld from the monthly pay of each member 


CITIES OF THE FIRST CLASS. 


~ 
oo 
oo 


so assessed, the same to be placed by the treasurer of each city 
of the first class to the credit of such fund, subject to the order 
of such board. 

4. Said board shall make all needful rules and regulations 
for its government in the discharge of its duties, and shall hear 
and decide all applications for relief or pension under this act, 
and its decisions on such applications shall be final and con- 
¢clusive, and not subject to review, revision or reversal, except 
by said board, and a record shall be kept by its secretary of all 
the meetings and proceedings of said board. 

5. Said board of trustees shall have power to draw said pen- 
sion fund from the treasury and may invest tthe same or any 
part thereof, in the name of the board of trustees of the Police- 
men’s Pension Fund, in interest bearing bonds of the United 
States, or State of Kentucky, or any city of the first class in 
the State of Kentucky, and all such securities shall be deposited 
with the treasurer of said board, and shall be subject to the 
order of said board. 


6. Both the principal and interest of said pension fund shall 
be applicable to the payment of pensions under this act. 

7. If any officer, member or employe of the police depart- 
ment, while in the performance of his duty, becomes tempo- 
rarily totally disabled, physically or mentally, for service, by 
reason of service in such department, the board of trustees 
shall order the payment from said pension fund to such dis- 
abled officer, member or employe, monthly, during such dis- 
ability, not to exceed one year, a sum equal to the monthly 
compensation allowed such officer, member or employe as salary 
at the date of his disability, provided such officer, member or 
employe, during the same period, is paid no salary as such 
officer, member or employe. If any officer, member or employe 
of the police department, while in the performance of his duty, 
becomes mentally or physically permanently disabled by reason 
of service in such department, so as to render necessary his re- 
tirement from service in said department, said board of trustees 
shall retire such disabled officer, member or employe from serv- 
ice in such police department: Provided, no such retirement 
on account of disability shall occur unless such officer, member 
or employe has contracted such disability while in the service 
of said police department; and upon such retirement the board 
of trustees shall order the payment to such disabled officer, 
member or employe of such police department, monthly, from 
said pension fund, a sum equal to one-half of the monthly com- 
pensation allowed to such officer, member or employe as salary 
at the date of his retirement. If any officer, member or employe 
of said police department shall, while in the performance of his 


734 AN ACT FOR THE GOVERNMENT OF 


duty, be killed, or die as the result of an injury received in 
the line of his duty, or after having served in the department 
for fifteen consecutive years shall die, while in the service or 
on the retired list, from any cause, and shall leave a widow, 
or child or children under the age of fourteen vears, or, :f 
unmarried and childless, shall leave a dependent father or 
mother surviving, said Board of Trustee shall direct the pay- 
ment from said pension fund, monthly, to such widow, while 
unmarried, of thirty dollars, and for each child until it reaches 
the age of fourteen years, six dollars, and to the dependent 
father and mother, if such officer, member or employe was un- 
married and childless, thirty dollars, the pension to the father 
and mother to be paid as follows: If the father be dead, the 
mother shall receive the entire thirty dollars, and if the mother 
be dead, the father shall receive the entire thirty dollars, and 
if both living each shall receive fifteen dollars. 


8. Any officer, member or employe of the police department 
of such cities, having served twenty-five years or more, whether 
consecutively or not, in such police department, may make ap- 
plication to be retired from service in such police department, 
and, if his application is granted, such Board of Trustees shall 
order and direct that such person be paid from said Police- 
men’s Pension Fund, a monthly pension equal to one-half the 
amount of salary said person was in receipt of as a member of 
said department at the time of the granting of his application: 
Provided, That no such application shall be granted unless the 
person so applying shall have reached the age of sixty years. 

9. If at any time there shall not be sufficient money in the 
Policemen’s Pension Fund to pay each person entitled to the 
benefit thereof the amount per month as herein provided, then 
as equal percentage of such monthly payments shall be made to 
each beneficiary until the said fund shall be so replenished as 
to warrant the payment in full to each of said beneficiaries. 

10. Whenever an active or retired policeman shall die, the 
Board of Trustees may appropriate from the pension fund a 
sum not exceeding one hundred dollars, to his widow or fam- 
ily for funeral expenses, and may expend a sum not exceeding 
fifty dollars for the expense of the attendance of policemen at 
the funeral. 


11. No person shall be entitled to receive any pension from 
the said fund, except a regularly retired officer, member or em- 
ploye, or a regular officer, member or employe in said police 
department, his widow, and children under the age of fourteen 
years, and his dependent father or mother. 


CITIES OF THE FIRST CLASS. 735 


12. The treasurer of the Board of Trustees shall be the cus- 
todian of said pension fund, and shall secure and safely keep 
the same subject to the control and direction of the Board, and 
shall keep his books and accounts concerning said fund in such 
manner as may be prescribed by the Board, and the said books 
and accounts shall always be subject to the inspection of the 
Board, or any member thereof. The treasurer shall, within ten 
days after his election or appointment, execute a bond to the 
city, with good and sufficient surety, in such penal sum as the 
Board shall direct, to be aproved by the Board, conditioned for 
the faithful performance of the duties of his office, and that he 
will safety keep and well and truthfully account for all moneys 
and properties which may come into his hands as such treasurer, 
and that, upon the expirtaion of his term of office, he will sur- 
render and deliver to his successor all bonds, securities, and all 
unexpended moneys, or other properties which may have come 
into his hands as treasurer of said fund. Said bond shall be 
filed in the office of the Comptroller as other bonds, and may be 
sued on in the name of said city, for the use of said Board, or 
in the name of said Board, or any person or persons injured 
by a breach thereof. 

13. It shall be the duty of such officer or officers of the 
city as are designated by law to draw warrants on the treasurer 
of said city, on request in writing of said Board of Trustees, 
to draw warrants on the treasurer of said city payable to the 
treasurer of said Board of Trustees, for all funds belonging to 
said pension fund as aforesaid. 

14. All moneys ordered to be paid from said pension fund 
to any person or persons shall be paid by the treasurer of the 
Board of Trustees only wpon warrant signed by the president 
of said Board, and countersigned by the secretary thereof, and 
no warrant shall be drawn except by order of the Board after 
having been duly entered on the records of the proceedings of 
the Board. 

15. The Board of Trustees shall make a report to the Gen- 
eral Council of said city of the condition of said pension fund, 
on the last meeting night in August in each and every year. 

16. No portion of said pension fund shall, before or after 
its order for distribution by the Board of Trustees to the per- 
sons entitled thereto, be held, seized, taken, subjected to, de- 
tained or levied by virtue of any attachment, execution, in- 
junction, writ, interlocutory, or any other order or decree, or 
any process of proceeding whatever issued out of or by any 
court of this State for the payment or satisfaction in whole or 
in part, of any debt, damage, claim, demand or judgment 
against the beneficiary of said fund; but said fund shall be 


736 AN ACT FOR THE GOVERNMENT OF 





held and distributed for the pruposes of this act, and for no 
other purpose whatever. 

17. It shall be the duty of the attorney for cities of the first 
class to give advice to the Board of Trustees of the Police- 
men’s Pension Fund in all matters pertaining to their duties 
and management of said fund whenever thereunto requested, 
and he shall represent and defend said Board as its attorney in 
all suits or actions at law or in equity that may be brought 
against it, and bring all suits and actions in its behalf that may 
be required or determined upon by said Board. (The numbers 
of the subsections are the numbers of the sections of the act.) 


SUBDIVISION XII. 
Comptroller. 


§ 2897. Appointed by the mayor—term of office—duties. 
There shall be appointed by the mayor, with the approval of 
the board of aldermen, in the month of December succeeding 
his election, for four years, a comptroller, who shall exercise a. 
general supervision over the fiscal affairs of the city, the collec- 
tion and disbursement of all revenues and moneys of the eity. 
He shall see that proper rules and regulations are prescribed 
and observed in relation to all accounts, settlements and re- 
ports connected with the fiscal concerns of the city; that no 
hability 1s incurred or expenditure made from the treasury 
without due authority of law; and that appropriations are not 
overdrawn. 


§ 2898. Annual report—records—duties and powers—bond. 
He shall make annual reports to the mayor and general council 
of the financial condition and requirements of the city, with 
careful statements and estimates of the receipts and expendi- 
tures. The records in his office shall show the financial opera- 
tions, conditions, assets, and claims of the city, the expendi- 
tures authorized for public works, and all contracts, with the 
names of contractors, in which the city is interested and the 
bonded and other indebtedness of the city. He shall counter- 
sign all warrants drawn on the city treasurer, and shall duly 
record the amount and nature of the same. He shall have 
access to the books and other records of any department of the 
city government whenever he so desires, and he shall see that 
the accounts of the city are kept in a plain, methodical man- 
ner. He shall give bond to the city in the sum of not less than 
twenty thousand dollars, approved by the mayor and general 
council. His bond shall be deposited with the mayor. The 
comptroller shall have a seat in each branch of the general coun- 
cil, with the right to debate on any question pertaining to his 


CITIES OF THE FIRST CLASS. 737 


department, but shall have no vote. He shall perform any other 
duties that may be prescribed by law. 


§ 2899. Custodian of city seal and records—other duties and. 
powers. He shall have the custody of the city seal, the public 
records, the original rolls of ordinances of the general council, 
all original contracts not herein required to be filed elsewhere, 
and such deeds and certificates as relate to the title of any 
property of the city; all official, penal. indemnity, or security 
bonds, and such other records, papers, and documents of value 
as are not required to be deposited with any other officer, all 
of which shall be registered by numbers, dates, and contents. 
He shall attest and certify all copies of such original documents,. 
records, and papers in his office as may be required by any 
officer or person, and charge therefor to individuals, for the 
benefit of the city, such fees as may be provided by ordinance. 
He shall provide copies of all contracts in his office for any 
pubhe officer who has a right to such copies. . 


§ 2900. Ordinances to be printed and filed—appointment of 
clerks. The comptroller shall cause to be printed and filed and. 
preserved in his office all ordinances passed by the general coun-- 
ceil. He shall have power to appoint such clerks as may be: 
allowed him by ordinance. 


SUBDIVISION XIII. 


Auditor. 


§ 2901. Election by voters of city—duties and powers— 
bond—salary. There shall be elected by the qualified voters of 
the city, at the time and places provided for the election of 
mayor, an auditor, who shall be the general accountant of the 
city, and as such it shall be his duty to receive and preserve 
in his office all accounts, vouchers, documents, and papers re- 
lating to the accounts or contracts of the city, its debts, rev- 
enues and other fiscal affairs, and to adopt a proper mode and 
manner of bookkeeping. He shall state and render all accounts. 
filed or kept in his office between the city and any other person: 
or body corporate, except when otherwise provided by law. 
He shall examine, adjust and audit all unsettled accounts, 


§ 2899. Custodian of records. not custodian held incompetent. 
Evidence of assistant engineer’ in City v. Cassidy, 105 Ky., 424; 
concerning records of which heis 20 R., 1348. 


738 AN ACT FOR THE GOVERNMENT OF 


claims and demands against the city, for the payment of which 
any money may be drawn from the city treasury; and, after 
shaving examined the same, with all accompanying vouchers and 
-documents, shall certify thereon the balance or true state of 
-such claim or demand, and draw his warrant on the treasury 
in payment thereof. But no such claim or demand, or any part 
‘thereof, shall be audited against the city unless it is authorized 
by law or ordinance, and is in proper and fully itemized form, 
-and unless the amount required for the payment of the same 
shall have been appropriated for that purpose by the general 
eouncil. He shall have power to administer oaths, and may 
‘require a settlement of accounts, to be vertified bv affidavit, 
and shall keep the accounts of the city, general and specific, 
in a systematic, orderly manner. He shall give bond to the 
-clty in the sum of twenty thousand dollars, to be approved by 
the mayor and general council. His salary shall not be less 
‘than two thousand five hundred dollars per annum. 


SUBDIVISION XIV. 


Treasurer. 


§ 2902. Election by voters of city—duties and powers— 
‘bond. There shall be elected by the qualified voters of the city, 
zat the time and places provided for the election of the mayor, 
a treasurer, whose duty it shall be to receive and keep all 
money of the city, and pay out the same on the warrants 
drawn by the auditor and countersigned by the comptroller, 
except as herein provided. All moneys belonging to the city 
received by an officer or agent thereof, either from collections, 
Joans, sale of bonds, fees, fines, and penalties, or otherwise, shall 
be deposited in the city treasury regularly once a day, unless 
-otherwise provided by law or ordinance; and in case the provi- 
‘sions of this section are not fully complied with, it shall be the 
treasurer’s duty to report any delinquencies to the mayor. He 
shall give triplicate receipts in all cases—one for the party pay- 
ing, one for the auditor, and one for the comptroller—which 
shall set out the amounts paid, from what it proceeds, and to 
what account credited. His books shall at all times be open 
‘to the inspection of the mayor, the comptroller, or any member 
of the general council, and he shall report the balance in the 
‘treasury each day to the comptroler. He shall give bond 
for the faithful performance of his duties, to be approved by 
the mayor and general council. 





CITIES OF THE FIRST GLASS. 739 


§ 2903. Bank—selection annually for current deposits. The 
mayor, comptroller and treasurer shall annually select a bank 
or banks, or banking institution, which will give the highest 
rate of interest for the current deposit of the city’s funds, and 
which shall give and maintain a bond, to be approved by the 
unanimous vote of the mayor, comptroller and treasurer, said 
bond to be conditioned for the safe-keeping and prompt pay- 
ment of said funds, or any part thereof, when demanded by the 
treasurer. 


SUBDIVISION XV. 
Tax Receiver. . 


§ 2904. Election by voters—duties and powers—deputies’ 
qualifications—settlements—vacancy. There shall be elected. 
by the qualified voters of the city, at the time and places pro- 
vided for the election of mayor, a tax receiver, who shall collect 
all city taxes except such as are to be collected by the sinking’ 
fund, and he shall pay the same over to the treasurer once 
each day. He shall, each day, deliver to the assessor and the 
eomptroller a statement showing what persons have the pre- 
vious day paid their taxes, what amounts have been paid, and 
the number of the tax bills. He shall give bond for the faith- 
ful performance of his duties , to be approved by the mayor and 
general council. He shall keep the books and accounts of his: 
office in such manner as may be prsecribed by ordinance, or in: 
the absence of any such requirements, the comptroller shall 
preseribe the manner of keeping such books and accounts, and 
said tax receiver shall perform any other duties required by 
law. He shall have power to appoint, with the approval of 
the board of aldermen, such deputies as may be allowed him by 
ordinance- The tax receiver and his deputies shall be paid am 
annual salary, to be fixed by the general council. For the 
acts of his deputies he and his sureties shall be responsible om 
his official bond. No tax receiver shall be eligible to any office 
unless he has accounted with the city for all collections and 
obtained a quietus. He shall settle his accounts with the mayor, 
comptroller, auditor and treasurer on or before the last day of 
October in each year for the taxes for which bills have beer 
placed in his hands for collection for the year; and if, through 
his fault, a quietus therefor is not held by said receiver on said’ 
day the general council shall, by resolution, declare vacant the 
office of such receiver and the vacancy shall be filled by the gen- 
eral council in joint session, by viva voce vote, for the un- 
expired term. In his settlements he shall be charged with such. 


740 AN ACT FOR THE GOVERNMENT OF 


a 


uncollected bills as he could have eollected by distraint ot rhe 
goods or garnishment of the rents of the delinquents; and he 
shall be subrogated to the rights of the city on such uncollected 
bills. 


§ 2905. Penalty for conversion of funds. The tax receiver 
shall not use or in any way convert to his own use any money 
or other thing of value belonging to the city, and if he do, he 
and his sureties shall pay the same with interest, and he shall 
be guilty of felony, and, upon conviction, shall be confined in 
‘the penitentiary not less than five nor more than twenty years. 


SUBDIVISION XVI. 


Assessor. 


§ 2906. Election by council—deputies—powers and duties 
—bond. There shall be elected by the general council, imme- 
diately upon the assembling of the new board, and every four 
years thereafter, an assessor, whose duty it shall be to assess 
all property in the city subject to taxation. He shall have 
power to appoint, with the approval of the board of aldermen, 
_~such deputies and assistants as may be allowed him by ordi- 
nance. The manner in which he shall perform his labors shall 
be determined by ordinance of the general council. He shall 
‘give a bond, with sureties, to be approved by the general coun- 
cil. The assessor and his deputies may administer oaths or 
affirmations, and certify the same. 


§ 2907. Register of transfers of real <state—notice to pur- 
chasers. The assessor shall keep in alphabetical order a regis- 
‘ter of all transfer, of real estate. All purchasers of real es- 
tate in the city shall furnish the assessor information thereof 
within two days after the conveyance has been lodged for rec- 
ord. The assessor shall notify such purchasers of any taxes 
which remain unpaid and which are a lien on the property 
“bought. 


§ 2908. Statement of payments by tax-payers. The assessor 
‘shall daily enter upon his book of assessments, opposite the 
name of the person assessed, and the property for which he is 
assessed, a statement showing the payment to the tax receiver 
by the tax-payer of taxes. due on said property. This state- 
ment shall be made up by him from reports daily made to 
‘him by the tax receiver, which reports the assessor shall pre- 
‘serve as part of the reeords of his office. 


CITIES OF THE FIRST CLASS. TAl 





SUBDIVISION XVII. 
City Attorney. 


§ 2909. Appointment by mayor—duties—opinions—salary. 
There shall be appointed by the mayor immediately after the 
expiration of the term of office of the present city attorney 
in cities of the first class, a city attorney, whose duty it shall 
be to give legal advice to the mayor, members of the general 
council, and all other officers and boards of the city in the dis- 
charge of their official duties, and, if requested, he shall give 
his opinions in writing and they shall be preserved for reference. 
It shall be his duty to prosecute all suits for and defend all 
suits against the city, and to attend to such other legal busi- 
ness as may be prescribed by the general council. He shall be 
be appointed by the mayor for a term of four years, and may 
receive a salary not to exceed five thousand dollars per annum, 
payable in monthly installments, and an appointment of a city 
attorney shall be made by the mayor for a like term every four 
years after the first appointment. (Section as amended by act 
of March 21, 1902.) 


§ 2910. Assistant attorneys—appointment—duties—salary. 
At the same time at which a city attorney is appointed in ac- 
cordance with the preceding section, there shall be appointed 
by the mayor for a term of four years, a first assistant city 
attorney and a second assistant city attorney, who shall be 
licensed practicing attorneys-at-law, and shall discharge such 
duties as may be required of them by the city attorney, or 
prescribed by the general council and mayor in the prepara- 
tion, prosecution and defense of all legal business of the city. 

The first assistant attorney may receive a salary not to ex- 
eeed three thousand dollars per annum, and the second as- 
sistant city attorney may receive a salary not to exceed two 
thousand five hundred dollars per annum, which salaries shall 
be payable in monthly installments, and such assistant attor- 
neys shall be appointed by the mayor every four years after 
the first appointments herein provided for. That this act shall 
take effect from and after its passage, but shall not apply to 
the present city attorney and assistant city attorney in cities 
of the first class, during their present terms of office, and their 
powers and duties shall remain during that period as now 


§ 2909. Powers and duties of litigation properly placed in ais 
city attorney. Council can not hands. City v. Louisville Ry., 23 
eontrol his action in reference to R., 390. 


742 AN ACT FOR THE GOVERNMENT OF 





provided by law. (Section as amended by act of March 21, 
1902.) 


SUBDIVISION XVIII. 
Police Court. 


§ 2911. Police Court—court of record—officers. The judicial 
power of the city shall be vested in a police court, which shall 
be a court of record, and the officers thereof shall be a judge, 
a clerk, a prosecuting attorney, and a bailiff, all of whom shall 
be elected by the qualified voters of the city at the same times 
and places at which the mayor is elected, and shall hold their 
offices for the term of four years. 


§ 2912. Jurisdiction—examining court—stenographic re- 
port of eivdence—bond of accused. Said court shall have origi- 
nal and exclusive jurisdiction in all eases of violation of muniei- 
pal ordinances and by-laws occurring within the corporate 
limits of the city, and such criminal jurisdiction within the 
said limits as justices of the peace have, with the necessary 
power to ‘carry into effect the jurisdiction given. Said court 
shall have exclusive jurisdiction, as an examining court, of all 
felonies and misdemeanors committed within the corporate 
limits of the city, and shall exercise all the powers and duties 
of examining courts. On the trial of any felony case the presid-~ 
ing judge may, in his diseretion, order a full report of the 
testimony, or such portion of the testimony as he may deem 
necessary; in which ease it shall be the duty of said official 
stenographic reporter to cause shorthand notes of such or all of 
the evidence to be taken, and, upon request of the judge, to 
cause a full and accurate transcript of same to be made, or 
in his discretion, the judge may order a transcript to be made 
out, which will contain such parts of the evidence as he may 
deem material, which shall be returned to the Jefferson cir- 
euit court. At the conclusion of any trial for a felony or mis- 
demeanor, the court shall commit or discharge the accused or 
hold him to answer before the proper court, as may be ad- 
judged. If bond be required of the accused to appear and 
answer, said court shall have the power to order the bond to 
be taken in such sum as it may direct. The bond, together with 
the papers, shall be transmitted by the clerk within twenty-four 
hours to the proper court. The bond shall be in writing and it 
shall not be invalidated by any irregularity in its form, or 
in the manner of taking or giving the same. Persons arrested 
under a charge of crime must be presented to the court for 


CITIES OF THE FIRST CLASS. 


~1 
i 
co 


trial within twenty-four hours after arrest, unless Sunday in- 
tervenes. (Section as amended by act of March 12, 1898.) 


§ 2913. Fines and penalties—imprisonment—hard labor— 
custody of children. Said court shall have power to impose 
such fines and penalties as may be prescribed by the statutes of 
the State, or by the ordinances of the city, but no imprison- 
ment exceeding thirty days shall be ordered and no fine ex- 
eeeding fifty dollars shall be imposed without the intervention 
of a jury, unless the right to have a jury is waived by the 
party to be tried, cases in which the right to the custody and 
eare of children is involved shall be tried by the court. When 
imprisonment is prescribed by the judge or jury trying the 
ease, it shall be in the discretion of the judge or jury to direct 
whether or not the imprisonment shall be with hard labor, 
unless the statutes imposing the penalty distinctly prevents the 
exercise of such discretion. 





§ 2914. Drunkenness—disorderly conduct—bond to keep 
the peace. In all cases of drunkenness or disorderly conduct, 
in addition to imposing a fine, said court may hold the offender 
to bail in a sum not exceeding one thousand dollars to keep 
the peace or be of good behavior for any length of time not 
exceeding one year, or the court may impose a fine without 
holding to bail. Should the offender fail to give bond, or fail 
to pay the fine, he shall be forthwith committed to the city 
workhouse, and shall be kept in custody until bail is given, or 
until the time fixed by the judgment shall have expired, and 
the fine be paid or satisfied by labor, as provided by law. 


§ 2915. Practice—rules and regulations—administering 
oaths. In the trial of cases arising under the ordinances of the 
eity, the proceedings and practice of the ‘court shall be such 
as may be determined by the ordinances of the city. In the 
trial of cases which grow out of the violation of the statutes 
of the State,the proceedings and practice shall be the same as 
in the courts of justices of the peace. Subject to these limi- 
tations, the judge of said court shall have power and authority 
to adopt rules and regulations for conducting the business of 
said court, and to enforce the same by process of contempt. 
He shall have all he powers necessary to try the causes coming 
under his jurisdiction. He may administer oaths, and shall 
be a general conservator of the peace. 


§ 2916. Confinement in workhouse or county jail—payment 
of fine by work. Unless discharged by authority of law, any 
person arrested under a capais pro fine for a violation of the 


744 AN ACT FOR THE GOVERNMENT OF 


ordinances of the city shall be committed to the workhouse, 
and shall be there detained until the judgment against him or 
her is satisfied by the payment of the fine, or is satisfied by 
his or her earnings by compulsory work, in or out of said work- 
house, on such wages as the general council may allow. In 
cases of violations of the statutes of the State, the prisoner may 
be confined in the county jail, or in the city wrokhouse, as the 
judgment may prescribe. 


§ 2917. Fines to be paid into city treasury. All fines and 
recoveries realized in said Court, whether the prosecution be 
in the name of the city or the Commonwealth, shall be paid 
to the city treasurer as a contribution toward the expenses of 
said court. 


§ 2918. Judge’s docket—entries—control over judgment. 
The clerk of the police court shall, for the use of said court, 
daily enter in a book, to be kept for that purpose, a list of 
all cases in which any orders are to be made, leaving sufficient 
space on the margin of said book, or following each case, for 
the judge to note whatever orders may be made therein. Said 
book shall be known as the ‘‘judge’s docket,’’ and it shall 
be the duty of the judge to concisely note therein, in ink, all 
orders and judgments in each ease, and to daily sign his name 
at the foot of the day’s docket. No order or judgment of 
said court shall be modified, set aside, or annulled, except in 
open court, during the regular hours of the court, and by the 
judge who tried the case. No order or judgment shall be thus 
modified, set aside, or annulled, except on motion duly made 
in open court, within three days from the date on which the 
judgment or order was entered; and after ten days the court 
shall have no control over its orders. Said motion must be 
accompanied by the written reasons therefor, and the grounds 
for modifying, setting aside or annulling said order or judg- 
ment shall be stated briefly and accurately by the judge from 


§ 2917. Criminal prosecutions. 
Const. Sec. 123, providing that 
all prosecutions shall be in the 
name and by the authority of the 
Commonewalth of Kentucky, 
does not preclude a prosecution 
in a municipal court, in the name 
of the city, for the violation of an 
ordinance, authorized by Ky. St., 
1899, Sec. 2917, providing that 
all fines realized in such court, 


whether the prosecution be in 
the name of the city or the Com- 
monwealth, shall be paid into the 
city treasury. (1903.) City of 
Louisville v. Wehmhoff, 76S. W., 
876: 25 Ky. Law Rep.7 7995; 
Same v. Alvey, Id.; Same v. Pir- 
tle, Id.; Same v. Smith, Id. Re- 
hearing denied (1904), 79S. W., 
201; 25 Ky. Law Rep., 1924. 


CITIES OF THE FIRST CLASS. 


—~] 
ia 
oO) | 





the bench, and recorded by the clerk in the order-book of the 
eourt. The judge may, at any time and at any place, sus- 
pend for twenty-four hours, but no longer, the enforcement 
and execution of any order or judgment. 


§ 2919. Officer or deputy neglecting duty—penalty. If any 
officer or deputy of said court shall, without legal excuse, fail 
or neglect for one week to perform the duties provided for 
herein, or to keep up any book, docket or record as required 
by law, he shall be subject to a fine of twenty-five dollars for 
each day the offense continues; and any officer or deputy of 
said court, who shall, in the conduct of his office, do that which 
is forbidden by law, shall be subject to a like fine for each 
day’s offense, and, if the offense be repeated, or if the delin- 
quency continues two weeks, the offender shall be liable to said 
fine, and also to imprisonment not exceeding one vear. 


§ 2920. Witnesses—when allowed fee for attendance. Wit- 
nesses shall not be allowed any fees for attendance in this 
court, unless they live beyond the limits of the city. If they 
live outside of the city, they shall be allowed such fees as are 
allowed witnesses in the circuit court. 


§ 2921. Fees and costs. No fees shall be received by any of 
the officers of this court, and no costs shall be taxed against 
any person tried by said court. 


§ 2922. Appeals to circuit court and court of appeals. Ap- 
peals shall be from the decisions of said court to the circuit 
court in all cases where the amount of the fine imposed is as 
much as twenty dollars. In cases where a fine of twenty dol- 
lars or less is imposed under an ordinance, the legality of said 
ordinance may be tested by the city by an appeal to the Jeffer- 
son circuit court or by the defendant by a writ of prohibition 
to the Jefferson circuit court, and after a decision has been ren- 
dered in the circuit court, as provided for in this section, 
either the city or the accused may appeal to the court of appeals 
as other cases in the circuit court are appealed. In all cases in 
which the judgment, in addition to a fine, prescribes imprison- 
ment exceeding ten days, the defendant may have an appeal to 
the circuit court, and thence to the superior court or court of 
appeals, except in cases in which bail has been required for 
good behavior and has not been given. 


TAG AN ACT FOR THE GOVERNMENT OF 





SUBDIVISION XIX. 
Judge of Police Court. 


§ 2923. Qualification—official oath—salary. The judge of 
the police court shall have the qualifications and take the oath 
required of the judge of the circuit court. He shall receive 
such salary from the city as may be provided by ordinance. 
(Vacancy %% office, how filled, sec. 8758.) ; 


§ 2924. Shall devote whole attention to duties—payment of 
salary. Said judge shall devote his whole attention to the 
duties of said court, and shall be paid his salary at the same 
time and in the same manner as the salaries of other city 
officers are paid: 


§ 2925. Pro tem judge—powers—compensation. When, 
from any cause, the judge of said court shall fail to attend 
and hold court, the mayor of the city shall select and desig- 
nate some lawyer, who has no case on the docket of said court, 
to act as judge pro tem. for said court, the judge pro tem. 
shall have the same rights, powers and duties as the regular 
judge has, and the judge pro tem. shall receive from the city 
the same pro rata compensation paid the judge of the court. 
(Section as amended by act of March 18, 1902.) 


§ 2926. Vacation—provision for—pro tem judge—salary. 
The judge of the court shall annually have a vacation of two 
months, and during said vacation a compensation of the judge 
pro tem shall not be deducted from the salary of the regular 
judge. The clerk of the court shall certify to the auditor of 
the city the name of the judge pro tem. and the term of his 
service, and the city auditor shall thereupon draw a warrant 
upon the city treasurer for the amount of money due the 
judge pro tem. for the time he served on the bench and the 
treasurer shall pay the warrant. (Section as amended by act 
of March 18, 1902.) 


§ 2927. Swearing judge off the bench—pro tem judge. No 
one shall sit as judge in this court in any case in which there 
has been filed by the aceused an affidavit that he can not 
have a fair trial, provided that such affidavit be supported by 
the affidavits of at least two credible housekeepers of the city. 
In such cases the compensation paid to the judge pro tem 
shall not be deducted from the salary of the regular judge. 

§ 2928. Where to hold court. The judge of said court 
shall never hold his court out of the room provided by the 


CITIES OF THE FIRST CLASS. TAT 


general council as a city court-room, unless said court-room 
ean not be used. n 


§ 2928a. The judge of the police court shall have power 
to appoint and remove at will a doorkeeper for the police 
court, whose duties shall be to stand at and guard the door 
of said court, and preserve order and perform such other 
services as directed by the judge of said court. Said door- 
keeper shall receive a salary of fifty dollars per month to be 
paid monthly out of the city treasury. He is vested with the 
same powers as those of a deputy bailiff of the police court. 
(As amended by act of March 22, 1904.) 


SUBDIVISION XX. 


Clerk of Police Court. 


§ 2929. Qualifications—oath and bond. The clerk of the 
‘police court shall have the qualifications, and take the oath, 
and give the bond required of the clerk of the county court. 
Said bond and the requisite surety thereon must be approved 
by the judge of the police court. 


§ 2930. Powers and duties—penalties for violation of duty. 
The clerk of the court may administer oaths as clerks of 
county courts may, and he shall be subject to the same fines 
and penalties to which they are subject, and for neglect and 
violation of his duty he may be prosecuted, punished, or re- 
moved in the same manner in which they may be prosecuted, 
punished, or removed. 


§ 2931. Salary—appointment of deputies. He shall re- 
ceive no fees whatever, but he shall be paid a salary of thirty- 
five hundred dollars per annum, and may appoint two deputies, 
who shall be paid a salary of twelve hundred dollars per an- 
num for each deputy. The salaries of the clerk and his depu- 
ties shall be paid at the same time and in the same manner as 
the salaries of other city officers are paid. (Section as amended 
by act of March 18, 1902.) mee 


§ 2932. Vacancy in office—how filled. In case of a vacancy 
in said clerk’s office the judge of the said court shall fill such 
vacancy, subject to the provisions of section 152 of the Con- 
stitution of Kentucky. 


748 AN ACT FOR THE GOVERNMENT OF 





§ 2933. Allowance for stationery. The clerk of said court 
may be allowed such stationery as may be necessary for his 
office, but it shall be obtained through the city buyer, as sup- 
plies are obtained by other municipal officers. 


§ 2934. Authority to issue process. Said clerk or his deputy 
shall have authority to issue all proper mesne and final process 
in cases cognizable by said court, or which have been adjudi- 
cated. 


SUBDIVISION XXI. 
Prosecuting Attorney of Police Court. 


§ 2935. Qualifications—oath—duties. The prosecuting at- 
torney of the police court shall have the qualifications, and 
take the oath, and come under the obligations prescribed for 
commonwealth’s attorney and his duties to the city and said 
court shall be similar to those of the Commonwealth’s attorney 
in his circuit. 


§ 2936. Representative of Commonwealth and city. In all 
matters before the police court the prosecuting attorney shall 
represent the Commonwealth or the city, as the case may re- 
quire. 


¢ 2937. Salary, $3,500. He shall receive a salary of thirty- 
five hundred dollars per annum, and the salary of the prosecut- 
ing attorney shall be paid at the same time and in the same 
manner as the salaries of other city officers are paid. (Section 
as amended by act of March 18, 1902.) 


§ 2938. Pro tem attorney—deduction from attorney’s sal- 
ary. When said attorney fails to attend or to prosecute the 
parties brought before him, the judge shall, from the mem- 
bers of the bar, appoint one to serve as prosecuting attorney 
pro tem. and the person so appointed shall take the oath of 
office preser ibed for the regular prosecuting attorney, and for 
his services the prosecuting attorney pro tem. shall receive such 
part of the salary of the regular prosecuting attorney as the 
judge, on motion, after due notice to the prosecuting attorney, 
may summarily decide to be fair and reasonable; but the com- 
pensation allowed the prosecuting attorney pro tem. shall not 
be estimated at a greater rate than that allowed the regular 
prosecuting attorney. The amount so paid the prosecuting at- 
torney pro tem. shall be deducted from the salary of the reg- 


CITIES OF THE FIRST CLASS. 749 


ular prosecuting attorney: Provided, That when such prose- 
euting attorney shall be prevented by sickness from discharg- 
ing the duties of his office, the compensation of the prosecut- 
ing attorney pro tem. shall not be deducted from the salary of 
the regular prosecuting attorney; And provided further That 
such prosecuting attorney shall be allowed sixty days’ vaca- 
tion in each year, and during such vacation the compensa- 
tion of the prosecuting attorney pro tem. shall not be deducted 
from the salary of the regular prosecuting attorney. 


§ 2939. Commonwealth’s attorney may assist. The Com- 
monwealth’s attorney or the county attorney may be present 
and assist in the trial of offenses against the Commonwealth. 


SUBDIVISION XXII. 


Bailiff of Police Court. 


§ 2940. Powers of constable or policeman. The bailiff of 
the police court shall have the power of a constable and police- 
man. 


§ 2941. Bond to be executed. He shall give bond, payable 
to such city, in the penal sum of one thousand dollars, with 
good security, to be approved by the mayor, conditioned for 
the faithful and honest discharge of his duties, and said bond 
shall be filed with the other official bonds of the city. 


§ 2942. Duties of bailiff. It shall be the duty of the bailiff 
to be present at the sessions of the court, to maintain order 
therein, and to perform such other court duties subject to the 
directions of the court. 


§ 2943. Process—may execute anywhere in State—special 
bailiff—policeman. ‘The mesne and final process of said court 
shall be addressed to the bailiff, or to any sheriff, constable or 
policeman. In all cases the process shall run in the name 
of the Commonwealth of Kentucky, and may go to any county 
in the Commonwealth, and the bailiff may execute it anywhere 
in the State, or may appoint by endorsement on the process, a 
special bailiff to execute it, and said special bailiff’s rights 
and powers shall be the same as those of the bailiff. Police- 
men may execute any process delivered to them by the bailiff; 
and they shall have power to execute warrants of arrest, sub- 
poenas, attachments and other process, whether the same be 
directed to them or not. 


750 AN ACT FOR THE GOVERNMENT OF 


§ 2944. Bailiff and assistants—salaries. The bailiff shall 
be assisted in the performance of his duties by two deputies, 
who are to be appointed by him. The bailiff and his deputies 
shall receive no fees, but the bailiff shall receive a salary of 
thirty-five hundred dollars per annum and each of his deputies 
shall receive a salary of twelve hundred dollars per annum. 
The salaries of the bailiff and his deputies shall be paid at 
the same time and in the same manner as the salaries of other 
city officers are paid. (Section as amended by act of March 
18, 1902.) 


SUBDIVISION XXIII. 
Interpreter and Stenographer of Police Court. 


§ 2945. Interpreter appointed—term of office—salary. The 
judge of the court may appoint, for a term not exceeding 
four years, an interpreter, who shall be paid nine hundred 
dollars per annum, and the judge may remove him at pleasure. 

§ 2946. Stenog'rapher—appointment—term — salary. The 
judge of the court may appoint for a term not exceeding 
four years a stenographer, who shall be paid by salary of 
twelve hundred dollars per annum. Such stenographer shall be 
allowed sixty days’ vacation in each year, and during such 
vacation the compensation of the stenographer pro tem. shall 
not be deducted from the salary of the regular stenographer. 
(Section as amended by act of March 26, 1904.) 


SUBDIVISION XXIV. 


Bond Recorder. 


§ 2947. Appointment—term—powers and duties—bond— 
fees—deputies—salary. There shall be appointed by a majority 
of the judges of the circuit court, having jurisdiction in said 








§ 2947. The Bond Recorder 
must make at least annual set- 
tlements with the city; and when 
in any current year the has col- 
lected enough to pay his salary 
for that year and for his deputies 
and to pay his other legal ex- 
penses for the current year, he 
may, during the rest of the year 


be made to account every thirty 
days. Commonwealth of Ky. v. 
Hoss 1322S) 5V.e i le 

The Bond Recorder is entitled 
to receive $4,000.00 per year and 
$1,000.00 a year for each deputy 
actually employed, not exceeding 
two. Id. 


CITIES OF THE FIRST CLASS. vast 


cities, a bond recorder for said cities. He shall be appointed 
for the term of four years, and shall have the qualifications, 
take the oath, and give the bond required of county clerks, 
and he shall be subject to the same fines and penalties to 
which they are subject; and for neglect and violation of his 
duty he may be prosecuted, punished or removed, in the same 
manner in which said clerks may be prosecuted, punished or 
removed. The bond furnished by said recorder, and the requi- 
site surety thereon, must be approved by said judges. Said 
bond recorder shall have exclusive right to take all bonds 
required by law to be taken or given by persons arrested 
in the city in and for which he is appointed, for their ap- 
pearance before the proper tribunal; also all bonds or recog- 
nizances required by law to be taken or given by or in the 
police court of said city; and no person in custody shall be 
released therefrom, before trial, unless bond be first given 
as herein required. Said bond recorder shall be allowed for 
his services the same compensation as now allowed by law to 
justices of the peace in trials for breach of peace, to be paid 
by the party for whom the services are rendered. He may ap- 
point two deputies, and the salary of each of said deputies 
shall be one thousand dollars per annum, and shall be paid 
from the fees collected by the said bond recorder. Said depu- 
ties shall give bond the same as recorder, and he is hereby 
given power to administer oaths to parties offering as sureties 
on bonds, for all purposes necessary for the proper conduct 
of his office, to carry into effect the provisions of this act, and 
enable him to properly execute his duty. And no officer or 
other person shall have power to take any bond or admin- 
ister any oath herein mentioned, except said recorder. Said 
bond recorder shall keep a record of all bonds taken by him- 
self or deputy, showing the date, amount of bail, the name 
of defendant, and the charge under which arrest was made; 
and all money received by said bond recorder, over and above 
the amount of four thousand dollars, exclusive of the deputty’s 
salary, shall be paid into the treasury of the city for which 
the recorder is appointed. Said recorder, or one of his depu- 
ties, shall be in his office at all hours, for the purpose of tak- 
ing bonds. All bonds and affidavits shall be returned within 
twenty-four hours to the proper tribunal. In continued cases, 
the bond recorder may require a memorandum from the clerk 
of the court, showing the charge, amount of bail, and date 
of continuance. 


~1 


52 AN ACT FOR THE GOVERNMENT OF 


SUBDIVISION XXV. 


Live Stock Inspector. 


§ 2948. Elected by council—term of office—powers and 
duties—salary—bond. There shall be elected by the general 
council, on the first Tuesday in December, eighteen hundred 
and ninety-four, and every two years thereafter, one live stock 
inspector, whose salary and duties shall be determined by or- 
dinance of the general council. He shall have power to ap- 
point, with the approval of the board of aldermen, such 
deputies and assistants, with such salaries as may be allowed 
them by ordinance. He shall give a bond, with sureties., to 
be approved by the general council. 





SUBDIVISION XXVI. 
Edueation. 


§ 2949. Trustees to be elected in each legislative district— 
term—powers and duties. At the regular municipal election 
in eighteen hundred and ninety-three, there shall be elected by 
the qualified voters in each legislative district of the city, two 
qualified persons as school trustees, and the persons so selected 
sirall: constitute and be styled iter. s eee eee (name of 
city) school board, and by said title shall be a corporation. 
The trustees first elected shall, within three months after the 
election, cause the trustees from each district to be divided by 
lot into two classes, and the members of the first class shall 
vacate their offices at the end of one year from the day of their 
general election; and annually thereafter there shall be elected 
by the qualified voters in each district one qualified person as 
trustee of said schools, who shall hold his office for two years 
and no longer. The school trustees of cities of the first class 
are hereby continued corporate, under the name and style of 
HEV eey Cobgetie rte SiN a a (name of city) school board, with 
power to govern themselves by such rules and regulations for 
school purposes as they may deem proper, not to conflict 
with this act, nor the Constitution and laws of this State, nor 
of the United States; with power to contract and be contracted 
with, sue and be sued, to defend and be defended in all courts, 
to acquire property for school purposes by purchase, gift, or 
otherwise; to hold the same, and all property and effects now 
belonging to them, or in the names of others, to the use of 
public schools, for the purposes and intent for which the same 


CITIES OF THE FIRST CLASS. 


~] 
Ol 
CQ 


were granted or dedicated; to use, manage, improve, sell and 
eonvey, rent or lease property, and have like power over prop- 
erty hereafter acquired; to have a common seal and change it 
at pleasure, and act with or without a seal. No portion of 
the property or funds held or raised for said schools shall ever 
‘be applied to the support of any school or schools not entirely 
under the control and management of the said board. The 
members of said board shall, before entering upon the duties of 
their offices, make oath or affirmation, before some judicial 
officer of this Commonwealth, faithfully to discharge the duties 
enjoined on them. In conformity to the provisions of sec- 
tion 152 of the Constitution of Kentucky, the said board shall 
have power to fill all vacancies by death, resignation, or other 
eauses, and shall judge of the qualification of its members. 


§ 2950. Board of trustees to adopt rules and by-laws. Rules 
and by laws shall be adopted by the board within thirty days 
after organization succeeding each election. They shall not be 
amended, suspended, or repealed, except upon affirmative vote 
of not less than two-thirds of the members in office, upon yeaa 
and nay vote of the board, entered upon its records. 


§ 2951. Monthly meeting of board—quorum. The board 
shall meet once a month, and oftener, if necessary, for the 
transatcion of business. A majority of the board shall be a 
quorum. 


§ 2952. Appropriation of money by board. No appropria- 
tion of money shall be made by the board, except upon the 
affirmative vote of a majority of the members. The vote shall 
be entered upon its records. 


§ 2953. Proceedings of board to be recorded. All proceed- 
ings of the board shall be entered in a book provided for that 
purpose. This book shall be a puble record, and at all times 
be open to the inspection of the citizens. 


§ 2954. Estimate of expenses for current fiscal year—ap- 
plication of funds. It shall be the duty of the board, at the 
peginning of each fiscal year, to ascertain and estimate, as 
correctly as may be, the means applicable to educational pur- 
poses for the current fiscal year. When such sum is ascertained, 
the board shall apply the same to the following purposes: 
Salaries, repairs, rents, building account, general expenses 
and incidental expenses. The board may, from time to time 
thereafter, change the amount appropriated for said different 
purposes, with the consent of not less than two-thirds of the 


TDA AN ACT FOR THE GOVERNMENT OF 


members; but in no event shall the board exceed in the ag- 
geregate the estimated amount of its income for the current 
year, nor shall it incur any liability in one year to be paid 
out of the revenues of the next year. 


§ 2955. Fiscal and scholastic year. The fiscal year of the 
board shall begin on the first day of January and end on the 
thirty-first day of December. The scholastic year of the board 
shall be the same fixed by the statutes of Kentucky. 


§ 2956. Principals and teachers elected by board—salaries. 
—dismissal and suspension. The board shall elect principals. 
and teachers, regulate and fix their salaries, and the term of 
office of all the teachers, officers and employes of the board. 
The salaries shall not be changed during the year for which 
they are fixed. The board may dismiss or suspend any prin- 
cipal, or tecaher, or employe for misconduct, inefficiency, neg- 
lect of duty, or diminished attendance of pupils. 


§ 2957. Branches to be taught and text books prescribed by 
board—kindergarten for young children. The board shall pre- 
scribe the branches of education to be taught, and the text- 
books to be used. Text-books once adopted shall not be 
changed, except by unanimous consent of the board, until 
notice of said proposed change shall be given and entered upon 
the records of the board one scholastic year, and then only by 
the affirmative vote of not less than two-thirds of the mem-. 
bers. 


Schools may be open as a part of said school system to- 
teach children of the ages of four, five and six years by the 
kindergarten method. Nothing contained in this section shall 
be construed as affecting in any way the present method of 
taking the school census or as increasing or reducing the pro 
rata of the school fund to be received from the State of 
Kentucky by the school board of cities of the first class, nor 
to be construed as conflicting with or changing in any way 
sections 166 and 189 of the act for the government of cities — 
of the first class, being now sections 2949 and 2974 of chap- 
ter 89 of the Kentucky Statutes. (Section as amended by act 
of March 21, 1902.) 


§ 2958. Qualification and examination of applicants for ad- 
mission to school. The board shall prescribe the necessary 
qualifiactions and mode of examination for applicants for ad- 
mission to the various schools. 


CITIES OF THE FIRST CLASS. TDD 


§ 2959. Poor children provided with text-books. For school 
ehildren whose parents are too poor to purchase books, the 
board shall provide text-books. 


§ 2960. Sectarian teaching prohibited. No catechism or 
other formula of religious belief shall be taught or inculeated, 


nor shall any class-book be used which reflect on any religious 
denomination. 


§ 2961. Children outside city admitted upon paying tui- 
tion. The board shall have power to admit to the schools 
pupils from beyond the city limits, and shall collect from all 
persons so admitted tuition fees for the benefit of the school 
fund of the city, but may make equitable allowance or re- 
aiuction for taxes paid for schools by such children or their 
parents on property in the city. Children of persons residing 
outside of the city limits shall not be admitted as pupils into 
any of the public schools, except upon payment of such tui- 
tion as the board may require as aforesaid. 


§ 2962. Secretary to be elected—duties—bond. The board 
shall elect for a term of two years, a secretary, who shall 
attend all meetings of the board and keep its records. He 
shall receive all moneys due the board, and shall deposit the 
same in some chartered bank, to be selected by him and ap- 
proved by the board, and he shall perform such other duties 
as may be required by the board. He shall annually give bond, 


with surety, to be approved by the board, for the faithful dis- 
charge of his duties. 


§ 2963. Funds deposited in bank—how withdrawn. The 
funds of the board deposited in bank shall be withdrawn only 
on the order of the board, evidenced by the check of its sec- 
retary, countersigned by the chairman of the committee on 


finance, or, in his absence or disability, by the next member 
of the committee in order. 


§ 2964. Secretary to receive no fees or perquisites. No fees 
of perquisites shall be received by said secretary. Interest 
paid on deposits must be credited to the board. 


§ 2965. Superintendent—election—term—duties. The board 
shall elect, for a term of two years, a superintendent, who 
shall perform such duties as may be prescribed by the board. 


§ 2966. Investigation of complaints—power of board. In 
investigation of charges or complaints against any of its mem- 


756 AN ACT FOR THE GOVERNMENT OF 


bers, officers, principals, teachers or other employes, the board, 
or its committee on grievances, shall have the power to sum- 
mon witnesses, and, by its chairman, administer oaths. Any 
willful disregard of said summons or process may be pun- 
ished by any judge of the circuit court, on complaint of the 
board, as contempt of such court is punished. 


§ 2967. Officers, teachers and employes may be reprimanded 
or expelled. The board may punish its members for miscon- 
duct by reprimand or expulsion from office, and punish its. 
cfficers, principals, teachers and employes by reprimand, sus- 
pension, forfeiture of pay or disimssal, as it may judge ap- 
propriate for the offense committed. 


§ 2968. Offiler or member of board receiving bribe—pen-. 
alty. Any officer or member of said board who shall receive 
any money or other thing of value, directly or indirectly, for his. 
vote or influence in favor of any measure upon which he shall 
act officially, shall be demed guilty of felony, and, upon con- 
viction thereof, be confined in the penitentiary not less than 
two nor more than ten years. 


§ 2969. Taxation for maintenance of schools. To raise money’ 
for the maintenance of the school, the general council shall, 
in the year one thousand nine hundred and nine, and annually 
thereafter, cause to be levied and collected a tax of not less. 
than thirty-six cents on each one hundred dollars’ worth of 
property assessed for taxation for city purposes. Upon the 
completion of the assessment of property for taxation, the 
amount levied as above shall, annually, be passed to the credit. 
of the school fund upon the books of the city, and the said 
amount, as collected, shall be paid over to the board by the 
treasurer in regular weekly installments, the first payment to 
be made within one week after the collection of said amount 


a eee Pe ee se Pt dN, 





§ 2969. The city is not liable 
to the School Board except for 
taxes actually collected. And 
where on an adjustment of ac- 
counts between the city and the 
Water Company for taxes and 
water, the Sills of the one offset 
the bills of the other, the School 
Board is not entitled to recover 
from the city its pro rata of the 
levy included in the bills used as 
a set-off. Louisville School Board 


v. City of Louisville, 113 S. W., 
883. 

City of Louisville v. Com. of 
Ky., 121 S. W., 411. This section 
as amended ‘held not to be in vio- 
lation of the section of the Con- 
stitution concerning local self-- 
government on the theory that 
the Legislature is charged with 
the duty of maintaining its school 
System and may compel the City 
Council to levy a tax for school 
purposes, 


CITIES OF THE FIRST CLASS. hive 


shall have been commenced, and the other payments to be made 
weekly thereafter, in current money, by said treasurer, as col-- 
lected. (As amended by act of March 24, 1908.) 


§ 2970. City’s portion of State school fund. For the main- 
tenance of the schools there shall be appropriated the sum or 
sums which may have been received from year to year as the 
city’s portion of the school fund of this Commonwealth. 


§ 2971. Escheated property vested in board of trustees. So- 
much real, personal or mixed property in the city, which, from 
alienage, defect of heirs, failure of kindred, or other causes,. 
shall escheat to the Commonwealth of Kentucky, shall vest in. 
the board for the use and benefit of the schools. Said board. 
may in the name of the Commonwealth for the use and benefit. 
of the public schools of the city, by its president or other officer 
to be designated by it, enter upon and take possession of said. 
property, or sue for and recover the same by an action at law 
or in equity, and without office found. The board may sell and 
convey any of such property by warranty deed or otherwise. 


§ 2972. Examination for position as principal or teacher.. 
The board shall have the power to examine, or cause to be 
examined by competent persons, all applicants for the posi- 
tion of principal, teacher or professor in the schools. 


§ 2973. Certificate—when void—revocation of certificate. 
A certificate granted to any person shall be void, if the holder 
thereof shall not receive regular employment of the board: 
within five years from its date, but may be renewed by another 
examination. The board may revoke any certificate issued by 
it for any cause by it deemed sufficient. 


§ 2974. Census of school children—how taken—reports to- 
Superintendent of Public Instruction. When a city of the first ° 





§ 2971. Constitutionality. This 
provision under Sec. 192 of the 
Constitution is valid. Common- 
wealth v. Chicago, St. Louis & 
New Orleans R. R., 124 Ky., 497. 

Conveyance before escheat pro- 
ceedings. The title to the prop- 
erty of any corporation is good 
against every one except the 
State and until proceedings are 
properly instituted to escheat the 
property the corporation may 
bona fide convey to another per- 


son and the latter will take a 
good title which the State cannot. 
attack in escheat proceedings. 
Louisville School Board v. King,. 
127 Ky., 824. 


§ 2974. (1) Census of schook 
children—reports to superintend- 
ent. The provision in this sec- 
tion that a census of school chil- 
dren shall be taken every five 
years is not a violation of the 
Constitution. The State superin- 


758 AN ACT FOR THE GOVERNMENT CF 











class establishes and maintains a system of common schools, 
which all applying for instruction are permitted to attend free 
of charge, the same shall be deemed one school district for taxa- 
tion purposes, and entitled to its proportion of the school fund. 
Such cities shall, through its proper officers deputed for that 
purpose, make its annual report to the superintendent of public 
instruction at the time and in a similar manner to that re- 
aquired of trustees of other districts. The school board shall 
also, in the year one thousand nine hundred and two, and every 
third year thereafter, take the census of children of school 
age, and make returns thereof to the superintendent of public 
instruction, at the same time other school trustees are required 
to make their returns, and for neglect of their duties in that 
respect the members of said board shall be lable to the same 
penalties. The secretary of the board shall employ, subject to 
the approval of the board, a sufficient number of enumerators 
to take the census within the time required by law and may, 
subject to the same approval, remove without notice any enum- 
erator for incompetency, neglect of duty, malfeasance or mis- 
feasance, and at once fill a vacancy arising from this or any 
other cause; provided, however, that said school board shall be 
allowed thirty additional days, if in their opinion the same is 
deemed necessary for an accurate and complete census. Each 
enumerator shall be at least twenty-one years of age and a 
bona fide resident of the ward whose territory or a part of 
whose territory he is appointed to enumerate, and shall take 
on oath or affirmation that he will take the census accurately 
and truly to the best of his skill and ability. The census shall 
be returned by wards, each block of which shall be enumerated 
on a separate list or lists, the street and number of residence, 
if any, of such person so listed, to be given. The list shall be 
made out in duplicate, one to be filed with the school board and 
cne to be forwarded to the superintendent of public instruction 
is aforesaid. No enumerator shall take the census of any child 
not residing in the territory to which he is assigned, nor of 
children who have recently removed into the district and who 
rave been previously reported in the census of pupil children 





tendent may, in a judicial pro- 
ceeding, question the accuracy of 
the reports made to him of the 
number of children. Louisville 
School Board v. Supt. Public In- 
struction; 19 R.;.18503;° 102 Ky., 
394, 


(2) Unconstitutional. In Loulis- 
ville School Board v. City of 
Louisville, 20 R., 142; 103 Ky., 
421, a portion of the section as 
amended by act of March 12, 
1898, is held unconstitutional. 


- Since this decision section has 


been amended. 


CITIES OF THE FIRST CLASS. 759° 


for the y‘eew in the district from which they have removed or 
who have recently removed into the district from another State 
or county. Nor shall more than one enumerator be assigned to- 
the same territory. In case any parent, guardian, head of fam- 
ily, master of apprentice, or any person employing, having” 
charge of or harboring any child entitled to school privileges, 
shall refuse to report to the enumerator any facts required 
herein necessary to the full and accurate census he shall be 
deemed guilty of a misdemeanor, and, upon conviction, shall. be 
fined not less than five nor more than twenty-five dollars. Each 
enumerator shall, when making return of said census to-the 
secretary of the board, make affidavit or affirmation that he has 
returned the enumeration in accordance with the provision of 
this act, to the best of his knowledge and belief, and that snen 
list contains the names of all persons entitled to be enumerated, 
and no others. Each oath or affirmation provided for in this 
section shall be made a part of the blanks on which the census 
is taken, and a matter of record in both the office of the school 
board and that of the superintendent of public instruction 

‘Mach enumerator shall be allowed reasonable compensation per 
diem for his services, to be paid out of the school fund of said 
city. Any school officer, or other person appointed as enumera- 
tor, or any officer through whose hands the school census re- 
quired by this act shall pass, who shall knowingly enumerate 
persons not entitled to be listed, or who shall, in any manner, 
add to or take from the number actually enumerated, shall, in 
addition to being lable to punishment for the crime of false 
swearing, be deemed guilty of a misdemeanor, and, upon con- 
viction of such offense, shall be fined in any sum not less than 
five nor more than one hundred dollars, or imprisoned in the 
county jail not less than ten nor more than thirty days, in the 
discretion of the court. The county superintendent of the 
county in which such cities are located, shall have no control 
over the school in such districts, but the same shall be governe:! 
in all respects as herein provided. For the years in which no 
census is required to be taken hereunder, the superintendent 
of public instruction shall determine the amount of per capita 
to be paid over to the school board of such cities, by adding 
annually to the number of children of school age as shown by 
the next preceding census actually taken, such increase or ad- 
dition as he may ascertain to be the annual increase of children 
of school age in the district upon averaging the yearly increase 
shown by the three actual enumerations next preceding: Pro- 
vided, however, That the school board or superintendent of pub- 
lie instruction may elect. to take an actual census in any of such 
years, in which case the return of such census shall govern. 


“760 AN ACT FOR THE GOVERNMENT CF 





‘The superintendent of public instruction shall in his biennial 
report give statement of the estimated census for any years in- 
cluded in said report wherein distribution of per capita may 
have been made upon estimated census, as provided herein, in 
-such manner as to show clearly the actual enumeration upon 
which such estimates may have been based and the manner in _ 
which the estimated census has been computed. (This section, 
whichis an act of March 21, 1902, takes the place of the original 
section as amended by act of March 12, 1898.) 


§ 2975. Eligibility to office of trustee. No person shall be 
eligible to the office of trustee of the public schools who has not 
attained the age of thirty years, and who is not a housekeeper, 
or is not the owner of real estate in said city, or who is not a 
citizen of the United States, or a bona fide resident of the 
‘Commonwealth of Kentucky and of the legislative district of 
‘the city for which he is elected, for three years next preced- 
ing his election; or who holds or discharges any office, deputy- 
‘ship, or agency under the city, or any district or county, or 
under the State of Kentucky or any department thereof, or 
under the United States or any foreign government, except 
notaries public and militia officers of Kentucky. No person 
shall be eligible to this office who, at the time of his election, is 
-directly or indirectly interested in any contract with the board, 
or who holds any office of trust, agency, or salary with any 
corporation which holds any contract with the board, or who is 
in any way benefited by the appropriations of the board; or 
whose father, son, brother, wife, daughter, or sister is employed 
as teacher or as professor, or in any other capacity by said 
board, or any of the public schools, or who is, directly or in- 
‘directly, interested in the sale to the board of books, station- 
ery, or other property. 


§ 2976. Member becoming disqualified—office vacated. If, 
alter election, any member of the board should become a ecan- 
didate for nomination or for any office or agency, the holding 
and discharging of which would have rendered him ineligible 
before his election, or should he remove out of the district for 
which he was chosen, or should he do or incur anything which 
would have rendered him ineligible for election, or should any 





§ 2975. A tax-payer may main- its own members for the erection 
tain an action to prevent the of a school ‘building. Bornstein 
‘waste of the school fund or to’ v. Louisville School Board, 122 
‘prevent the School Board from  S. W., 522. 
making a contract with one of 


CITIES OF THE FIRST CLASS. 761 


of the relatives above specified be employed by the board, his 
office shall become vacant and be filled as herein directed. 


§ 2977. Members privileged in debate. Members of the 
board shall not be elsewhere called in question for language 
used in debate. 


§ 2978. Separation of white and colored children. No white 
ehild shall become a pupil in any school for colored children, 
and no colored child shall become a pupil in any school for 
white children; but schools for white and colored children 
shall be kept and maintained separately. 


§ 2978a. 1. Parents or persons having control of children in 
first, second, third or fourth class cities to send them to school. 
That every parent, guardian or other person in any city of the 
first, second, third or fourth class, having the custody or super- 
vision of any child or children, between the ages of seven and 
fourteen years inclusive, shall cause such child ‘to be enrolled 
in and to attend some public or private day or parochial school 
regularly each school year for a full term or period of said 
school. Provided, That this act shall not apply in any case 
where the child has been, or is being taught at home in such 
branches as are taught in the public schools for a like period of 
time, and subject to the same examinations as other pupils of 
the city in which the child resides;.and for the purpose of as- 
eertaining whether or not any child is embraced within this 
exemption, the court may order such child to submit to an 
examination to be given by the City Superintendent of Schools. 

Provided further, That this section shall not apply to any 
child who is excused by the Board of Education or School 
Board of the city in which the parent, guardian or person 
having the custody, control or supervision of such child or 
children resides, upon its being shown tto the satisfaction of 
the county judge that such child has already acquired the 
common school branches required by law or is not in proper 
physical or mental condition to attend school. 


2. Penalty for failure to send children to school. Any par- 
ent, guardian or other person having the custody, control or 
supervision of any child embraced within the provisions of 
this act, who shall fail to comply with the provisions of this 
act, shall be deemed guilty of a misdemeanor and upon con- 
viction thereof shall be fined in any sum not exceeding twenty- 
five ($25.00) dollars for the first offense and for any subse- 
quent offense, upon conviction thereof, shall be fined in any 
sum not exceeding one hundred ($100.00) dollars, or by im- 
prisonment in the county jail for any period not exceeding 


762 AN ACT FOR THE GOVERNMENT OF 


fifty days, or both so fined and imprisoned, in the discretion 
of the court. 


3. Penalty for making false statement about age of Child— 
truant children. Any parent, guardian or other person having 
the custody, control or supervision of any child, embraced 
within this act, who, with the intent to evade the provisions of 
this act, shall make a false statement concerning the age of 
such child or the time such child has attended school, shall 
be deemed guilty of a misdemeanor, and, upon conviction 
sthereof, shall be fined in any sum not exceeding one hundred 
(¢100.00) dollars, or by imprisonment in the county jail for 
a period not exceeding fifty days or both so fined and im- 
prisoned in the discretion of the Court. 

Any parent, guardian or other person having the custody, 
‘control or supervision of any child embraced within this act, 
‘who shall be proceeded against under this act, may prove in 
defense that he is unable to compel the child ‘under his con- 
trol to attend school, and he may be thereupon discharged 
from liability and such child shall be proceeded against as a 
delinquent child under the Statutes in such case made and 
provided. 


4. Proof of age of child. A passport, a verified baptismal 
certificate, a duly attested birth certificate, a certified copy 
under oath of record in the family Bible, or other religious 
record, shall be produced as proof of age. In case such cer- 
tificate or record can not be secured, upon proof of such fact, 
the record of the age stated in the first school enrollment to 
be found, shall be considered as evidence thereof. If there is 
no school enrollment showing such fact, other evidence as to 
the age of said child may be considered. 


5. Fines go to aid of school. Any fines or penalties pro- 
vided for in this act shall be for the use of the public schools 
of the city in which such child resides and any such sums shall 
be used for the purpose of paying the salaries of truant offi- 
cers of such city. Any such fine or penalty may be recovered 
by rule or in any way in which a court of equity may en- 
force its order or decrees. 


6. Truant officer appointment—salary—qualifications. In 
the first week in July in each year, the Board of Education 
In each city of the first, second, third and fourth class, shall 
appoint one person for each ten thousand (10,000) children 
enrolled in the school census, to serve as truant officer, whose 
term of office shall be during the pleasure of the board ap- 
pointing him, who may be removed at any time by said board 


CITIES OF THE FIRST CLASS. 763 


with or without cause, and whose duties shall be limited to 
the city where the appointment is made; if in any such city 
there shall be less than ten thousand (10,000) children en- 
rolled in the school census, there shall be appointed as above, 
one truant officer. Said truant officers shall be housekeepers, 
residents of the city in which they are appointed and men 
of good moral character; they must be able to read and write 
with ease, shall be at least thirty (30) years of age and shall 
not engage in any other occupation during such period of 
time as the schools are in session each year in the respective 
cities. Before they shall be eligible for appointment, all ap- 
plicants for the position of truant officer shall be examined by 
the Superintendent of schools and President of Board of 
Edueation, or school board. Such truant officers shall eacn 
receive from the tax levy for school purposes, of such cities, 
not less than one ($1.00) dollar, nor more than two dollars 
and fifty cents ($2.50) per day during such period of time as 
the schoals are in session each year in the respective cities. 


7. Truant officers—powers and duties. Such truant officers 
shall examine into any case of truancy within the city or dis- 
trict, and shall see that the provisions of this act are com- 
plied with, and when, from personal knowledge, or by report 
or complaint from any resident or teacher of the city or dis- 
trict under his supervision, he believes that any child, subject 
to the provisions of this act, is absent from school without 
lawful excuse, and in violation of the provisions of this act, 
or is persistently truant from school, he shall immediately 
give written notice to the parents, guardian or person, having 
the custody, control or supervision of such child, that the 
attendance of such child is required, and if, within five days 
from the date of such notice, such parents, guardian or person, 
having the custody, control or supervision of such child, does 
not comply with all the provisions of this act, then such 
truant officer shall proceed against such child as a delinquent 
child, and against such parents, guardian or person having 
the custody, control or supervision of such child for violation 
of this act and for contributing to such condition of delin- 
quency in such child. 


8. County court has jurisdiction under this act. The county 
court of the respective counties of the Commonwealth shall 
have exclusive jurisdiction of all cases coming within the 
terms and provisions of this act. 


9. Reports by teachers—truant officers. All school officers 
and teachers are hereby required to make and furnish, upon 
demand, any reports that may be required by the Superin- 


764 AN ACT FOR THE GOVERNMENT OF 


tendent of Public Instruction, or by the Superintendent of 
Public Schools of cities of the first, second, third and fourth 
classes, with reference to the workings ofthis act; and all 
truant officers appointed under this act shall keep a full 
record of the work done by them, in books to be furnished 
them for that purpose by the State Superintendent of Publie 
Instruction. Said truant officers are to be under the direct 
supervision and control of the City Superintendent of Schools, 
and shall report as directed by him to teachers, principals, City 
Superintendent and Board of Education. The Superintendent 
of Public Instruction and each Superintendent of Public 
Schools in said cities shall each make and publish an annual 
report of the workings of this act. 


10. List of children to be taken. During the month of 
August in each year, the Superintendent of Public Schools of 
cities of the first, second, third and fourth classes, shall fur- 
nish to the principal of each school in their respective cities, 
a list taken from the last census of children vf school age, of 
all children between the ages of seven and fourteen years, 
who, by law, or under the rules of the Board of Education 
or Board of Trustees, or School Board, as the case may be, are 
required to attend such school. Said list shall be alphabetically 
arranged, shall contain the name, date, and place of birth of 
each child, the name, address and occupation of such child’s 
parent or parents, guardian or person having the custody, 
control or supervision, and such other facts as may be re- 
quired by the Superintendent of Public Instruction or Super- 
intendent of Schools of the cities of the first, second, third and 
fourh classes. 


The principal of each school in cities of the first, second, 
third and fourth classes, shall report each day if possible or 
at such times as he may be directed by the Superintendent 
of Schools during such period of time as the schools are in 
session in each vear in the respective cities, to the Superin- 
tendent of Public Schools in the city in which such school 
is situated, or to the truant officer if so directed by the Su- 
perintendent, the name and address of each child who has 
been absent from school without lawful excuse or who is 
persistently truant from school, together with the name of 
such child’s parent or parents, guardian or person having the 
custody, control or supervision of such child, and it shall be 
the duty of the truant officer of such city, immediately upon 
the receipt of such reports, to examine into the cases of ab- 
sence or truancy contained in such reports and to require 
such truant officer to take any and all needful steps, as pro- 
vided herein, and under the statutes of this State, to compel 


CITIES OF THE FIRST CLASS. 765 





such child to attend school. All truant officers shall make re- 
port to teachers, principals and Superintendent of Schools of 
the city of all cases referred to them under this section, at 
the time designated by said superintendent. 


It shall be the duty of said truant officer to report to 
Board of Education or School Board in said cities during 
the months of November and Apirl of each year, the num- 
ber of children between the ages of seven and fourteen years 
inelusive, not attending school in the district assigned to each 
respectively, and they shall write opposite the name of each 
child on blanks prepared for that purpose, the reason given 
by the parent, guardian or person having the custody, control 
or supervision of such child for its failure to attend school. 


11. A. School for truant children. The Board of Trustees, 
Board of Education, School Board or School Commissioners, 
as the case may be, of any city of the first or second class, 
are hereby authorized and empowered to equip, maintain and 
conduct, one or more parental or truant schools for the purpose 
of affording a place where children of compulsory school age, 
and coming within the provisions of this act, and of the Statutes 
of this State, concerning neglected, dependent and delinquent 
children, may be detained for the purpose of discipline and 
instruction as hereinafter provided. 


B. Such school or schools may be located either within or 
without the corporate limits of the city, provided, however, 
that such school or schools shall not be located outside of the 
county in which such city is located, and, provided further, that 
no such school shall be located at or near any penal institution. 


C. No religious instruction shall be given in such school 
or schools, except as allowed by law to be given in publie 
schools, but the Board of Trustees, Board of Education, 
School Board or School Commissioners, as the case may be, 
shall make suitable regulations so that inmates shall receive 
religious training in accordance with the belief of such chil- 
dren’s parents or guardian, either by allowing such religious 
services to be held in such institution or by arranging for 
the attendance of public service elsewhere. 


D. Any child committed to such school or schools, upon 
an order duly entered by the county court, may be allowed 
to return home upon probation and to remain while upon pro- 
bation, subject to the friendly visitation and supervision of a 
probation officer of said county court and subject at any time 
to be returned to such school if said child, in the opinion of 
the county court, shall violate the terms and conditions of its 


766 AN ACT FOR THE GOVERNMENT OF 





probation. No child shall be released upon probation in less 
than four weeks from the time of his or her commitment, nor 
thereafter unless the court shall be satisfied that said child 
who is probationed, will attend regularly some public or pri- 
vate school as herein provided. If any child so released upon 
probation shall be regular in his or her attendance in school, 
and his or her conduct as a pupil shall be satisfactory for a 
period of one year from the date upon which he or she was 
released upon probation, he or she shall be finally discharged 
from such parental or truant school, and shall not be re- 
committed thereto, except in a subsequent proceeding under- 
taken according to the provisions of this act, and to the Statutes 
of this State, concerning neglected, dependent and delinquent 
children. 


EK. Any child released from said school or schools, upon 
probation, as herein provided, who shall violate the condi- 
tions of his or her probation any time within one year there- 
after, shall, upon the order of the county court, be returned 
to such parental or truant school, and shall not again be re- 
leased upon probation, within a period of three months from 
the date of such re-entering; and if such child shall violate 
the conditions of a second release upon probation, he or she 
shall be recommitted to such school and shall not be released 
therefrom on probation until he or she shall have remained 
in such school one year. 


F. The Board of Trustees, Board. of Education, School 
Board or School Comissioners, as the case may be, of cities of 
the first or second class, may establish any rules or regulations 
concerning such school or schools not inconsistent with this 
act or the constitution or laws of this State. 


12. Repealing act of 1904. An act entitled ‘‘An act to 
secure school attendance of children between the ages of seven 
and fourteen,’’ approved March 22, 1904, is hereby repealed. 


13. How act to be construed. If any section of this act be 
held to be unconstitutional, such fact shall not affect any 
other section of this act;:it being the intention of the General 
Assembly in enacting this act to enact (each) section separ- 
ately; and if any proviso or exception contained in any sec- 
tion of this act shall be held to be unconstitutional, such fact 
shall not affect the remaining portion of said section; it be- 
ing the intention of the General Assembly to enact each section 
of this act and each proviso and exception thereto separately. 
(This section is an act of March, 1908, p. 198.) 


CITIES OF THE FIRST CLASS. 767 


SUBDIVISION XXVII. 


Revenue and Taxation. 
a General provisions, 2979. c Collection and paymentof taxes, 2997 
4 Assessments, 2985 


(a) General Provisions. 


§ 2979. Taxes already levied or imposed. All taxes al- 
ready levied or imposed under existing laws, and not yet paid, 
remain payable unless the contrary be hereinafter provided. 


§ 2980. Ad valorem license and franchise taxes—council to 
provide for. Each city shall raise a revenue from ad valorem 
taxes, and from a tax based on income, licenses and franchises, 
and to that end the general council of each city is hereby 
authorized and empowered ito provide each year, by ordinance, 
for the assessment of all real and personal estate within the 
corporate limits thereof, subject to taxation for State purposes, 
and may levy an ad valorem tax on the same not exceeding 
the rate and limits prescribed in the Constitution; and for 
school purposes, not exceeding fifty cents on each one hun- 
dred dollars of taxable property therein; and may impose 
license fees on stock used for breeding purposes, and on 
franchises, trades, occupations and professions; and may pro- 
vide for taxation, for municipal purposes, on personal property, 
tangible and intangible, based on income, heenses or fran- 





§ 2979. Existing laws not re- 
pealed. In Long v. City of Louis- 
ville, 97 Ky., 364; 17 R., 258, it 
was held that neither the new 
Constitution nor the charter for 
first class cities released any 
taxes theretofore assessed, and 
that such taxes might be collect- 
ed in the manner provided before 
the adoption of Constitution and 
charter. 


§ 2980. (1) Authority conferr- 
ed by Legislature. The Legisla- 
ture can delegate its sovereign 
power of taxation to local munici- 
pal governments, either with or 
without restriction or limitation. 
Bradley v. McAtee, 7 Bush, 667. 

(2) Legislature determines 


what are proper subjects of gen- 
eral or local taxation, and it is 
not within the province of the 
courts to abridge this preroga- 
tive, nor to refuse to carry out 
the legislative will on account of 
doubt as to the policy of the 
enactment. Broadway Baptist 
Church v. McAtee, 8 Bush, 508. 


(3) Choses in action—money, 
debts — assessment. Authority 
‘to cause to be assessed at its 
cash value such real and persona} 
estate and slaves within the city 
as the said council may desig- 
nate,” did not authorize the city 
council to assess money, debts, 
and choses in action. Louisville 
v. Henning, 1 Bush, 381; see 


768 


AN ACT FOR THE GOVERNMENT OF 





chises in lieu of an ad valorem tax thereon; Provided, such 
general council shall not be authorized to omit the imposi- 
tion of an ad valorem tax on such property of any steam 
railroad, street railway, ferry, bridge, gas, water, heating, 
telephone, telegraph, electric light or electric power company. 





Johnson v. Lexington, 14 B. M., 
521; Covington v. Powell, 2 Met., 
227; Trigg v. Glasgow, 2 Bush, 
594, and see also and compare 
Newport v. Ringo, 87 Ky., 635; 
10 R., 1046. 

A partnership is a distinct en- 
tity and its property is subject 
to taxation at the place where it 
conducts its business. City ‘of 
Louisville v. Tatum, Hmbry & 
Cost it Ky hee 

Situs of ‘property for taxation 
held by trustee. City of Lexing- 
ton v.’ Fishback, 109 Ky., T70; 22 
R., 1392; Board of Council v. Fi- 
delity,-Trust (Co. 171s Ky. 676: 
But see Higgins v. Common- 
wealth, 103 S. W., 306. 

Taxation of notes, 
money of non-residents. Calla- 
han v. Singer Sewing Machine 
COR FW. . ele oe Pees tae 
Commonwealth v. Dunn & Co.. 
10.2°S2 Ws 859: 

Property located permanently 
in other States. Union Refrig- 
erator’ Transit. Co va Kentucky, 
199. 0.5.52 19 46.26. 8... Cty. 46, 

Property held and used for a 
public purpose. Board of Coun- 
cilmen of the city of Frankfort 
v. Commonwealth, 29 R., 699; 
but see city of Louisville v. Mc- 
Ateer, 91S. W., 698. 

(4) Discretion of council as to 
amount of tax. While the Leg- 
islature may confide to the gen- 
eral council a discretion as to the 
amount of tax to be imposed, it 
can not confer upon the collector 
or other city officer such power. 
Louisville v. Murphy, 86 Ky., 53; 
OR Bay: 

(5) Equality and uniformity. 
When the subjects of taxation 
have been determined then the 
constitutional limitation requir- 


bonds, 


ing equality and uniformity in its 
imposition upon such subjects ap- 
plies, and the courts must see 
that this limitation is not disre- 
garded. Broadway Baptist Church 
v. McAtee, 8 Busn, 508. 

(6) Exemption—special license 
or tax. Payment of a tax or li- 
cense of $25 on each car em- 
ployed by the street railway com- 
pany to the city, as required by 
the contract Setween it and the 
city, in which certain franchises 
are secured to it, does not exon- 
erate it from an ad valorem tax 
on its property, horses, stables, 
ete., which are assessable for mu- 
nicipal purposes. Lou. City Ry. 
Co. v. Louisville, 4 Bush, 478. 

Hospital—Adjunct to medical 
scheol. Under section 170 of the 
Constitution exempting “‘institu- 
tions of purely public charity,’” 
from taxation, a hospital which is 
an adjunct to a medical schoot 
is subject to taxation, although 
patients who are not able to pay 
for treatment therein are :admit- 
ted free for the purpose of the 
education of the students of the 
medical school in their profes- 
sion: Wathen, ete. v. City of 
Louisville, 27 Ky. Law Rep., 635. 

Institutions of education—phy- 
sical culture. Under Constitution, 
section 170, providing that insti- 
tutions of education not used or 
employed for gain by any person 
or corporation, and the income 
of which is devoted solely to the 
cause of education,’’ the property 
of an incorporated gymnasium 
association in which a teacher tn 
physical culture is constantly em- 
ployed to instruct the members, 
and maintained iby the payment 
of monthly dues by the mempers 


CITIES OF THE FIRST CLASS. 


TOR 





= 





Said council shall provide for the collection of all taxes 


imposed hereunder. 


All taxes and license fees shall be levied or imposed by or- 
dinance, and the purpose or purposes for which the same are> 
levied or imposed shall be specified therein, and the revenue 
therefrom shall be expended for no other purposes than that- 


for which it was collected. 


and from which no one derives 
any pecuniary benefit, is an in- 
stitution of education in the 
meaning of the law and exempt 
from taxation. German Gymnas- 
tic Association, etc., v. City of 
Louisville, 25 Ky. Law Rep., Part 
2, page 2105. 

House of worship. Lot adjoin- 
ing and used in connection there- 
with.—Under Constitution, sec- 
tion 170, exempting from taxa- 
tion “‘places actually used for re- 
ligious worship with the grounds 
attached thereto, and used and 
appurtenant to the house of wor- 
ship, not exceeding one-half acre 
in cities, and two acres in the 
country,” a lot 100 feet wide by 
200 feet deep on which a house 
of worship was erected in March, 
1891, is exempt from taxation. 

Taxes prior to the adoption of 
the Constitution of 189i—Hewitt 
Act of 1886.—Under the Hewitt 
Act of 1886, exemptinig from tax- 
ation ‘““churches and all property 
devoted to charitable purposes,”’ 
a lot in a city leased to a church 
in 1890 for the purposes of a 
mission church, is exempt from 
taxation for the year 1890, al- 
though the church thereon was 
not erected until 1891. 

Title to the lot.—The fact that 
the church has possession and use 
of the church building and lot, 
exempts it from taxation, al- 
though the legal title is in the 


lessor. City of Louisville v. 
Werne, etc., 25 Ky. Law Rep., 
Part 2, 2196. 


Young Men’s Christian Asso- 
ciation.—The property, not ex- 
ceeding one-half acre, belonging 
to a Young Men’s Christian As- 
sociation and used by it in the 





conduct of its work, and also that. 
rented out for the purpose of 
raising revenue for aid in the: 
maintenance of the institution, as. 
well as that taken in payment of- 
donations to the institution and 
held pending, a sale, is exempt- 
from taxation under the provis-— 
ions of section 170 of the Con-- 
stitution, Soth on the ground that. 
it is a place actually used for re-- 
ligious worship and that the in-- 
stitution is one of purely public: 
charity. Commonwealth, by, &c. 
v. Young Men’s Christian Asso— 
ciation; ‘City of Louisville v.. 
Same, 25 Ky Law Rep., Part 1,. 
page 940. 

Charitable  institutions.—This: 
appeal involves the question as to: 
whether appellant is an institu— 
tion of purely public charity and! 
as such is exempt from municipak 
taxation. Held—That as said 1n— 
stitution is owned and operated” 
by certain physicians as an ad— 
junct to a medical and dental col— 
lege for private gain, it is not ex— 
empt from taxation as a purely . 
public charity. Gray Street In- 
firmary v. City of Louisville, 22 
Ky. Law Rep., 1274. 

Education.—W here an institu— 
tion is onganized, not for gain or 
profit, but that persons may be: 
educated in pharmacy, and its in- 
come is devoted solely to the 
cause of education, it is exempt: 
from taxation under the provis— 
ions of section 170 of the Con-- 
stitution. The charter of appel- 
lant providing that ‘‘should said 
corporation be _ dissolved, the- 
funds and property thereof, shall,. 
after its debts and obligation ‘be 
discharged, be paid into the: 
treasury of the State of Ken— 


770 


AN ACT FOR THE GOVERNMENT OF 


All ad valorem taxes shall be collected by the tax receiver, 
and all license taxes, including all taxes on personal property, 
tangible and intangible, based on income, licenses and fran- 
chises, in lieu of an ad valorem tax thereon, shall be collected 
by the secretary and treasurer of the commissioners of the sink- 





tucky, for the benefit of the com- 
mon school funds,’’ and the fact 
that the institution is not operat- 
ed for gain or profit, and all of its 
income being devoted to purposes 
of education, it is an educational 
institution and is exempt from 
taxation. Louisville College of 
Pharmacy v. City of Louisville, 
26 Ky. Law Rep., 825. 

The wharf property of the city 
of Louisville is exempt from tax- 
ation under Const. Sec. 170. Com. 
v. City of Louisville, 119 S. W., 
Thi. 

The Water Works property of 
the city is public property used 
‘for public purposes and is exempt 
from taxation under Const. Sec. 
170. Ryan v. City of Louisville, 
118 8. W., 992. 

Wills—Taxation. By the will 
of W. F. Norton, deceased, cer- 
tain real estate was Sequeathed 
to his executors for the benefif 
of the Baptist Orphans’ Home, to 
‘be held by them for five years, 
during which time it should be 
converted into money and the 
proceeds paid to said home. 
Held.—That said home by the 
terms of its charter, under sec- 
sttion 170 of the Constitution, is a 
purely public charity, and not 
employed for gain, and while the 
beneficiary is not given the im- 
mediate care and control of the 
fund, it is the equitable owner 
‘thereof, and, under the statute, it 
is exempt from taxation in the 
*hands of the executors. Norton’s 
Executors and Trustees, &¢., v. 
‘City of Louisville, 26 Ky. Law 
“Rep.. 846. 

(7) License tax—ad valorem 
-tax. Under present Constitution 
all property must be assessed 
aalike—property can not ‘be class- 
ified for taxation—a license tax 


may ‘be imposed in addition to an 
ad valorem tax, ‘but not as a sub- 
stitute for it. Levi v. City of 
Louisville, 97 Ky., 394; 16 R., 
872; and see Con., sees. 174, 
181; and as to imposition of li- 
cense tax, 105 Ky., 259; 20 R., 
1172; (105 Ky... 2 oie area 
1818; -105) Ky. 803 +2 Bale 
1322; George Schuster & Co. vy. 
City of Louisville, 89 S. W., 689; 
28 R., 588; holding ordinance 
imposing license tax in lieu of 
ad valorem tax unconstitutional. 

(8) Person and subject of tax- 
ation designated. When a city is 
authorized “to levy a tax upon 
the taxpayers of the city, taxable 
under the revenue laws of the 
State,’ both the person and sub- 
ject are designated, and the tax 
must Se levied of the date and 
upon the persons and property 
prescribed by the State revenue 
laws. Barret v. Henderson, 4 
Bush, 255. 

(9) Power to impose tax. A 
statute providing for the imposi- 
tion of a tax ‘“‘as long as needed,’’ 
to pay a particular debt, author- 
izes the imposition of the tax un- 
til the debt is satisfied. Louis- 
ville v. Murphy, 8&6 Ky., 53; 9 R., 
310. 

(10) Power to tax strictly con- 
strued. Municipal corporations 
can levy no taxes upon the inhab- 
itants or either property unless 
the power be plainly given; such 
power is statutory, and must be 
strictly pursued. Kniper v. Louis- 
ville, 7 Bush, 600. Murray vy. 
Tucker, 10 Bush, 241; and this, 
though the statute provides that 
ordinances shall not ibe void by 
reason of a failure of the council 


to follow strictly its delegated 


nowers. Caldwell v. Rupert, 10 
Bush, 180. 


CITIES OF THE FIRST CLASS. yee | 


ing fund: Provided, That all taxes so collected by said secre- 
tary and treasurer in lieu of ad valorem taxes on personalty 
shall be paid by him monthly to the city treasurer, who shall 
receipt to him therefor, and the said secretary and treasurer 
shall furnish monthly to the city comptroller a statement show- 
ing what persons, firms or corporations have, during the pre- 
vious month, paid such taxes, the amount paid by each, and 
the total amount paid by him to the city treasurer. 

Nothing in this section shall be so construed as to deprive 
the general council of the power hereby granted to it to pro- 
vide by ordinance in its discretion for the levy and collection 
of taxes based on income, license and franchises in addition to 
ad valorem taxes on the property of any of the corporation 
whose franchise is subject to assessment by the city assessor 
as set out in section three of this act, which is section one of 
section 2984A, Kentucky Statutes, as amended by this act, and 
. the general council shall have power to levy ad valorem taxes 
on the property and franchises of railroads as assessed and 
apportioned by the Railroad Commission and the State Board 
of Valuation and Assessment: Provided, That no corporation, 
individual, firm, or association, which pays an ad valorem tax 
and a franchise tax shall also be required to pay a license tax. 
(As amended by act of March 18, 1898.) 


§ 2980a. Manufacturing establishments may be exempted. 
from taxation. That the general council shall have power by 
ordinance to exempt from municipal taxation, for a period not 
exceeding five years, manufacturing establishments, as an in- 
ducement to their location within the city limits. (See Con..,. 
sec. 170. This section is an act of March 16, 1904.) 


(11) Purpose for which tax 
may be laid. The city had no 
power to levy a tax for revenue 
purposes on coal, ete., landed at 
the wharf, but only to defray ex- 
penses of measurement and in- 
spection when required. Collins 
v. Louisville, 2 B. M., 134. 

(12) Real property. Condi- 
tions upon which tax can be im- 
posed. Courtney v. Louisville, 12 
Bush, 419. See Con., secs. 170, 
171, and notes. 

(13) What is a tax. Assess- 
ment to pay for local improve- 
ment is not technically ‘a tax. 


Johnston v. Louisville, 11 Bush, 
52: 

§ 2980a. Manufacturing estab- 
lishment—exemption of for five 
years must be as an inducement: 
to its location, 21 R., 1782. ‘“Ex— 
emption’’—Mengel Box Co. v. 
City of Louisville, 117 Ky., 735; 
25 R., 1361, 79 S. W., 255; Con— 
tinental Tob. Co. v. City of Louis-- 
Ville 28 Re-Ol 7s 94.82 W LEH 
City of Louisville v. National 
Casket Co., 100 S. W., 1196; 30 
Ky L.R.,. 13820. 

Desty, 1 vol., 135; 86 Ill., 836. 


S72 


AN ACT FOR THE GOVERNMENT OF 


§ 2981. Ordinance fixing tax rate—levy to be subdivided. 
In the ordinance fixing for any year the tax rate the general 


«council shall subdivide its levy as follows: 


A levy for schools, 


a levy for the sinking fund, a levy for police purposes, a levy 
‘for the fire department, a levy for street and sewer cleaning, 
a levy for sprinkling streets, a levy for reconstruction of 
-Streets, a levy for street repairs, a levy for construction and 
repairs of sewers, a levy for the house of reform, a levy for 


§ 2981. (1) Levy for sinking 
fund may ‘be omitted in any year 
“by the council, and when so omit- 
ted the commissioners of the 
“sinking fund can not compel the 
“council to make the levy. Com. 
‘Sinking Fund y. Grainger, 98 
TY 2 OL ae ee 

(2) Publication of ordinance 
concerning taxes a necessary 
‘prerequisite to their enforce- 
‘ment, so made by the charter. A 
~publication on Sunday not suffi- 
ecient. Time of ‘publication. 
“Ormsby v. Louisville, 79 Ky., 
LO a teete SD te 

(3) Tax levy—purpose—desig- 
snation—street sprinkling—‘gen- 
eral purposes.’ The levy ordi- 
nance for 1904, passed by the 
common council of the city of 
“Louisville, made no provision for 
“street sprinkling,’’ notwith- 
«standing it is alleged that appel- 
lant had set apart $15,000, de- 
rived from the 386% cents levy 
for ‘‘general purposes,’’ to be 
-used for sprinkling the stree ». 
‘Held, Under Constitution, section 
180, and Ky. Statutes, section 
2980, which require that no tax 
shall be levied by a munic- 
“ipality without designating 
the purpose for which it is to be 
zapplied, and that no tax levied 
for one purpose shall be 
‘applied to another, and Ky. 
‘Statutes, section 2981,  pro- 
‘viding that ‘“‘in the ordinance 
fixing for any year the tax rate, 
“the general council shall subdi- 
vide its levy as follows: A levy 
‘for schools, a levy for the sink- 
“ing fund, a levy for police pur- 
“poses, a levy for fire department, 


<a levy for street and sewer clean-. 


ing, a levy for sprinkling streets 
* * * and a levy for general pur- 
poses * * *.”) Without undertak- 
ing to define what may be in- 
cluded in the term ‘‘general pur- 
poses,’’ we are clear that its be- 
ing enumerated with some dozen 
other divisions, each of which is 
required to ibe provided for ex- 
pressly, if at all, negatives the 
proposition that one embraces 
the other. The attempted de-. 
flection of the ‘‘general purpose’’ 
fund comiplained of, was illegal 
and was properly enjoined. City 
of ‘Louisville v. Button, 26 Ky. 
Law Rep., 606. 


(4) Distribution—Interest on 
delinquent taxes. While Ken- 
tucky Statutes, section 2981, pro- 
vides that the various named 
sus-divisions of the city govern- 
ment, including ‘the schools, shall 
receive their proportionate part 
of the tax bill after it is collect- 
ed there is no provision which in 
terms imports that they shall re- 
ceive any part of the interest ac- 
cruing on delinquent taxes. EKach 
must receive that which the stat- 
utes gives it, but they have no 
right to any part of the interest 
on the delinquency of the absence 
of an express provision of the 
law governing the matter. 


Contemporaneous construction. 
The contemporaneous construc- 
tion of legislation for a long pe- 
riod of time by those charged 
with its enforcement is highly 
persuasive of the correctness of 
that interpretation, and the city 
council ‘having acted upon this 
construction of the statute for a 
long period of years, illustrates 


CITIES OF THE FIRST CLASS. T7I3 


charitable institutions, a levy for parks, a levy for library pur- 
poses, and a levy for general purposes and a deficit tax. The 
general council shall cause the foregoing levies to be made for 
the purposes stated by an ordinance fixing the tax rate each 
year. (this section is an act of March 20, 1900, and 1s a sub- 
stitute for the original section, which was amended by acts of 
March 15, 16, 1898.) 


§ 2892. Expenditures—limit of—deficit tax—unexpended 
balance, In no fiscal year shall the general council appropriate 
or expend, or contract for the expenditure, of more than ninety- 
five per cent. of the estimated revenue of the current year, 
unless more than that shall be actually collected; and if in 
any year less than ninety-five per cent. of the estimated rev- 
enue shall be collected, any deficiency within ninety-five per 
cent. may be provided for in the levy for the next year, and 
shall be called the ‘‘deficit tax.’’ Any unexpended balance 
of an appropriation in any current fiscal year shall be added 
by the comptroller to the amount appropriated for the same 
purpose out of the levy for the succeeding year. Unappro- 
priated balances of levies in any current fiscal year when col- 
lected shall be passed by the treasurer to the credit of the 
same funds for the succeeding year. (Section as amended by 
act of Merch 16, 1898.) 


§ 2983. Failure to make, or making invalid levy ordinance. 
If in any year the general council shall fail to pass a levy 
ordinance, or if the levy ordinance in any year shall be in- 
valid or inoperative, the rate of taxation for that fiscal year 
shall be the same as it was the year before, item for item. 











the necessity of the court’s giv- 
ing great weight to such contem- 
poraneous construction of the 
statute. City of Louisville v. 
Louisville School Board, 27 Ky. 
Law Rep., 209. 


§ 2981. Exemption from taxa- 
tion. Ownership of all the stock 


in a water company by the city. 


does not exemipt the property of 
the water company from taxation 
by the State and county. Bell v. 


City of Louisville, 106 S. W., 
862. 


§ 2982. Unexpended balance— 
cannot be expended by board of 
public safety until it is appropri- 
ated ‘by the council. Neumeyer 
¥. Krakel, 23-R.) 290.0 \*Legis- 
lature can not impose taxes for 
purely local purposes.’’ McDon- 
ald v. City of Louisville, 113 Ky., 
HOR 24 Ri 2h? 268 8) .W50 4138. 


iA. AN ACT FOR THE GOVERNMENT OF. 





S$ 2984. Land, improvements and personal property. For 
the purpose of assessment, the soil shall be known as ‘‘land,’’ 
and everything attached thereto, or built thereon, shall be 
known as ‘‘improvements,’’ and such ‘‘improvements,’’ when 
owned by the tenant, may be assessed in his name apart from 
the land. Articles, other than land and improvements, shall 
be known as ‘‘personal property.’’ The assessor shall assess, 
at its fair cash value as of the first of September of every year, 
all the lands, improvements, and personalty subject to an ad 
valorem tax under this act. 


§ 2984a. 1. Assessment of shares of stock in corporations. 
That the shares of stock of every incorporated bank, trust 
company, guarantee or security company, and the franchise 
of every incorporated gas, water, ferry, bridge, street rail- 
way, express, electric light, electric power, telegraph, press 
dispatch, telephone, turnpike, palace car, dining car, sleeping 
car and chair car company, and every other like company, cor- 
poration, or association, having or exercising any special or 
exclusive privilege or franchise not allowed by law to natural 
persons, or performing any public service, shall hereafter 
be valued or assessed for city taxes in the manner hereinafter 
described, by the city assessor in the cities of the first class, 
wherein such franchise is exercised, to the extent and in the 
proportion the same is therein exercised: Provided, however, 
That no assessment for city taxes shall be made by any as- 
sessor or board of valuation and assessment of the franchise 
of any private business, mercantile or manufacturing corpora- 
tion, whose property is not devoted to public use, nor upon 
the shares of stock of any incorporated bank, trust company, 
guarantee or security company paying an ad valorem tax on 
its real estate and a license tax in lieu of an ad valorem tax 
on its personal estate.: 

That the revenue derived from taxes based on income, 
licenses and franchises in lieu of an ad valorem tax, shalt 
be paid at such time in the fiscal year, and apportioned and 
distributed, as may be fixed by ordinance of the general coun- 
cil, for the same purposes as the revenue derived from the 
ad valorem tax. In default of the payment of such license 
taxes at the time fixed by ordinance, a penalty of five per cent. 
shall be added thereto and interest on the amount of such 
license taxes shall be computed and paid by the delinquent 


§ 2984a. Validity of this act Louisville, 24 R., 1574. 
upheld in Murphy v. City of 


CITIES OF THE FIRST CLASS. T75 





from that date at the rate of six per cent. per annum until 
paid. 

A lien prior and superior to all others, except State taxes, 
whether acquired before or after the maturity of such license 
taxes, shall exist in favor of the city from and after the date 
such license taxes become due and payable, for the amount 
thereof, and such penalty and interest, upon all the property, 
real and personal, of such delinquent, which hen shall be en- 
foreible, by suit in the name of the city in the circuit court, 
and in such suit a personal judgment may also be obtained 
against such delinquent for the amount of such lense tax, 
penalty, interest and costs of suit. (As amended by act of 
March 18, 1904.) 


2. Reports to be made to assessor by corporations. In order 
to determine the value of the franchises mentioned or referred 
to in the next preceding section, the corporation, companies, 
and associations therein mentioned or referred to, shall each 
annually, between September first and October first, make and 
deliver to the assessor of cities of the first and second class, 
wherein its franchise is exercised, a statement, verified by its 
president, cashier, secretary, treasurer, manager, or other chief 
officer or agent, in such form as the city assessor may pre- 
seribe, showing the following facts, viz.: The name and prin- 
cipal place of business of the corporation, company, or associa- 
tion; the kind of business engaged in, the amount of capital 
stock, preferred and common; the number of shares of each; 
the amount of stock paid up; the par and real value thereof ; 
the highest price at which such stock was sold at a bona fide 
sale, within twelve months next before the first day of Sep- 
tember of the year in which the statement is required to be 
made; the amount of surplus fund and undivided profits, and 
the value of all other assets; the total amount of indebtedness 
as principal, the amounts of gross or net earnings or income, 
including interest on investments, and incomes from all other 
sources for twelve months next preceding the first day of 
September of the year in which the statement is required; the 
amount and kind of tangible property, and where situated, 
assessed, and liable to assessment, and the fair cash value 
thereof, estimated at the price it would bring at a fair volun- 
tary sale, and other such facts as the city assessor may re- 
quire. 


3. Manner of assessing when lines of corporation extend be- 
yond city limits. Where the line or lines of any such corpora- 
tion, (company, or association extend beyond the limits of the 
city, the statement shall, in addition to the other facts herein- 


776 AN ACT FOR THE GOVERNMENT OF 





after required, show the length of the entire lnes operated, 
owned, leased, or controlled in the city, and the entire lines 
operated, owned, leased, or controlled elsewhere. If the cor- 
poration, company, or association operates and conducts its 
business in other States as well as in this State, the statement 
shall show the following facts, in addition to the facts herein- 
after required: The gross and net income or earnings re- 
ceived in the city and out of the city, on business done in the 
city, and the entire gross receipts of the corporation, company 
or association, in the city and elsewhere, during the twelve 
months next before the first day of September of the year in 
which the assessment is required to be made. In cases where 
any of the facts above required are impossible to be answered 
correctly, or will not afford any valuable information in deter- 
mining the value. of the franchises to be taxed, the city asses- 
sor may excuse the officer from answering such questions: Pro- 
vided, That the city assessor, from said statement, and from 
such other evidence as he may have, if such corporation, com- 
pany, or association be organized under the laws of this State, 
shall fix the value of the capital stock of the corporation, com- 
pany or association, as provided in the next succeeding see- 
tion, and from the amount thus fixed shall deduct the assessed 
value of all tangible property assessed in the State or in the 
counties where situated. The remainder thus found shall be 
the value of its corporate franchise subject to taxation as 
aforesaid. | | 


4. Foreign corporations—franchise, how fixed. If the cor- 
poration, company, or association be organized under the laws 
of any other State or government, except as provided in the 
next section, the city assessor shall fix the value of the capital 
stock, as hereinafter provided, and will determine from the 
amount of the gross receipts of such corporation, company, or 
association in the city and elsewhere, the proportion which the 
zross receipts in the city, within twelve months next before the 
first day of September of the year in which the assessment 
was made, bears to the entire gross receipts of the company; 
the same proportion of the value of the entire capital stock, 
less the assessed value of the tangible property assessed, or 
liable to assessment, shall be the correct value of the corporate 
franchise of such corporation, company, or association for taxa- 
tion in the city. 


5. Franchise of carriers—how fixed. If the corporation or- 


ganized under the laws of this State or of some other State. 


or government be a street railway, telegraph, telephone, ex- 
press, sleeping, dining, palace, or chair-car company, the lines 


tn. 


CITIES OF THE FIRST CLASS. 777 





of which extend beyond the limits of the city, the city as- 
sessor will fix the value of the capital stock, as hereinafter 
provided, and that proportion of the value of the capital stock, 
which the length of the lines operated, owned, leased, or con- 
trolled in the city, bears to the total length of the lines owned, 
leased, or controlled in the city or elsewhere, shall be the 
value of the corporate franchise of such corporation liable for 
taxation in the city; and such corporate franchise shall be 
liable to taxation in each city of the first class through, or 
into, which such lines pass, or are operated, in the same pro- 
portion that the length of the hne in such city bears to the 
whole length of lines in the city and elsewhere. 


6. Persons other than corporations—how taxed. Whenever 
any person or association of persons, not being a corporation, 
nor having capital stock, shall, in this State, engage in the 
business of any of the corporations mentioned and made sub- 
ject to assessment in the first section of this act, then the capi- 
tal and property, or the certificates or other evidences of the 
rights or interests of the holders thereof in the business or 
capital and property employed therein. shall be deemed and 
treated as the capital stock of such person or association of 
persons for the purposes of taxation, and all other purposes, 
under this act, in hke manner as if such person or associa- 
tion of persons were a corporation. 


7. Assessor to notify corporations of assessment—application 
for reduction. It shall be the duty of the city assessor, im- 
mediately after fixing such values, to notify the corporations, 
companies, or associations of the fact; and all such corpora- 
tions, companies, or associations shall have at least ten days 
from the time of receiving such notice to go before the Board 
of Equalization of the city and ask a change of the valuation, 
and may introduce evidence, and the chairman of said board 
is hereby authorized to summon and swear witnesses and after 
hearing such evidence, the said board may change the valua- 
tion as it may deem proper, and the action of said board shall 
be final. 


8. Collection of franchise tax—when due. The city asses: 
sor shall make out and authenticate the tax bills on the assess- 
ments of franchises, as provided in this act, as well as on a® 
assessments hereafter made by the Board of Valuation ang 
Assessment, which shall have the same effect as tax-bills made 
out and authenticated by him on assessments of other property, 
and shall list the same with the tax receiver for collection, and 
said tax-bills shall be due and payable at the same time, sub- 


Tis AN ACT FOR THE GOVERNMENT OF | 





ject to the same discounts and penalties, and be collectible by 
distraint, garnishment and suit, as now provided by law, with 
respect to other tax-bills due the city. 


9. Penalty against corporation failing to report. Any cor- 
poration, or officer thereof, wilfully failing or refusing to make 
reports as required by this act, shall be deemed guilty of a 
misdemeanor, and for each offense shall be fined one hundred 
dollars, and five dollars for each day the same is not made 
after October first of each year, to be.recovered by indict- 
ment or civil action, in the name of the city, in the circuit 
court of the county in which such city is situated. 


10. Stockholders uot required to list stock if corporation 
pays tax. The individual stockholders of the corporation, 
which is by this act required to report and pay city taxes upon 
the corporate franchise, shall not be required to lst their shares 
in such corporation so long as the corporation pays the city 
taxes on the corporate property and franchise, as herein pro- 
vided. . 


11. Receiver or assignee to report for corporation. Should 
any corporation required to make the report, as hereinbefore 
provided, be in the hands of or under the control of a re- 
ceiver, or other person, it shall be the duty of such receiver 
or other person to make the returns and valuations as re- 
quired by this act. 


12. Assessor may fix values if corporation fails to report. 
Should any corporation, company, or association fail to make 
the report as required herein, on or before the first day of 
yctober of each year, the city assessor shall proceed to ascer- 
tain the facts and values as required by this act, in such man- 
ner and by such means as he deems proper, at the cost of 
the corporation, company or association failing to make the 
report, and shall fix the values of the corporate franchise liable 
for taxation, as provided in this act, and the corporation, com- 
pany or association shall be taxed accordingly. 


13. Railroad exempt from this section. This act shall not 
apply to railroad or other corporations required by law to be 
assessed by the Railroad Commission. (This section is an act 
of March 29, 1898; the numbers of the swb-sections are the 
numbers of the sections of the act.) 


CITIES OF THE FIRST CLASS. 7719 


(b) Assessments. 


§ 2985. Assessor to return five assessment books. In mak- 
ing the assessment and lists provided herein, the assessor shall, 
before the tenth day of November in each year, or as soon 
thereafter as practicable, make and return not less than five 
assessment books, and shall cause to be entered therein, as 
near as may be in alphabetical order, the names of all persons 
who are the owners or holders of lands, improvements or per- 
sonal property, and opposite the name of each person, owner or 
holder, the number and block of each of his lots, according t? 
the maps in the assessor’s office; and the aggregate value of 
each parcel of land and the value per front foot, when such’ 
parcel fronts on a public way; the value of the improvements 
and the assessed value of the personal property. 


§ 2986. Lots designated by numbers—mistake—additional 
assessments, Any lot of land which is not now designated by 
a number in the assessor’s maps, and any lot of land which is 
now so designated, but is hereafter subdivided, shall be desig- 
nated by said assessor by an appropriate serial number, and 
shall by such number be designated in the assessment books. 
No mistake in, or omission of, the right name of the owner or 
holder of lands or improvements Hable to be assessed under 
the provisions of this act shall impair any assessment thereof, 
if such land be designated in said books by its corresponding 
number and block on said map; or if such improvement be 
there designated by the number and block of the land on 
which it rests; or if such lands and improvement be otherwise 
fully identified in said books. The general council may pro- 
vide for additional assessment maps whenever necessary. 


§ 2987. Assessor to view property before assessing it. The 
assessor shall, before assessing any land or improvement, view 
the same, by himself. or an assistant; and before assessing 
goods and chattels, go upon the premises where the same or 


§ 2986. Mistake in name. a tax bill, because he knew what 


Where property was assessed as 
required by section 2986 of the 
Kentucky Statutes, a mistake in 
the name of the person does not 
vitiate the assessment, and an 
owner of property can not com- 
plain because his interest in such 
property was not ascertained be- 
fore judgment against him on 


interest he owned and no claim 
is made that he tendered or of- 
fered to pay the amount he ac- 
tually owed. Joyes v. City of 


Louisville, 26 Ky. Law Rep., 
713;. Woolley et al., v. City of 
Louisvillere 2ee Re Tob i sr 1 ea 
W800. 


780 AN ACT FOR THE GOVERNMENT OF 





the greater part thereof may be found. His failure so to do 
shall not invalidate the assessment. 


§ 2988. Owners and fiduciaries to return lists—proceedings 
in case of failure. Every person owning or holding taxable 
property, in his own rights, or as fiduciary, guardian or agent, 
shall return to the assessor, or his assistant, a true list of such 
property, real and personal, upon blanks therefor prepared by 
the assessor, in a form prescribed by ordinance, together with 
the value of all personalty, and make oath before said asses- 
sor or one of his assistants. In case of the failure or refusal 
of such person to return a list true in quantity and value un- 
der oath, said assessor may, according to the best information 
he can obtain, assess the lands, improvements and personal 
property. The city court shall, at the instance of the assessor, 
by rule or process of contempt, enforce upon delinquents the 
return, under oath, of the lists above required. 


§ 2989. Duty of assessor to examine records and make in- 
quiries. The assessor shall make diligent search among the 
conveyances and probated wills recorded in the county clerk’s 
office, and among the confirmations of sales in the courts from 
day to day; and shall also, by personal inquiry in his yearly 
rounds, seek to learn about every death among the owners of 
lands or improvements in said city, by which the same may 
devolve upon others. 


§ 2990. Heirs, devisees and joint owners, how assessed— 
future estates—lien—purchasers. He is directed not to assess 
any property in such a name as ‘‘A B’s heirs,’’ or ‘‘A B’s de- 
visees,’’ or ‘‘A B’s executors,’’ or the like; but he may assess 
lands or improvements thus: As ‘‘A B’s unknown heirs,’’ or 
‘“‘unknown devisees,’’ or the like, when the names cannot be 
obtained after diligent inquiries have been made. When the 
joint owners are more than three in number, three of the 
names, with the addition ‘‘and others’’ shall suffice; and where 
remainders, and reversions of future estates are outstanding, 
the holder of the particular estate shall be assessed with the 
words “‘holder of vresent estate’? added to his name; but 
whenever the names of all the owners are not given, no lien 
for taxes shall arise to the detriment of any purchaser from 
those not named, unless the assessment, by its own terms, or 
by reference to the city maps, identifies the lands or improve- 
ments therein embraced. 


CITIES OF THE FIRST CLASS. 


781 





§ 2991. Assessment in wrong name—failure to assess— 
retrospective assessment. Whenever, by any complaint of the 
party assessed or otherwise it appears that any property has 
been assessed in a name other than that of the owner or holder, 
the city assessor shall, after notice, through the mail to the 
owner or holder, at the time of the notice, make the correction, 
whether for the current, or any preceding year, in his books, 
and certify such correction to the tax receiver; and to the 
corrected assessment and to the retrospecitve assessment here- 
inafter authorized, the remedies of Sections 2997 and 3009, both - 
inclusive, shall attach, beginning with the first of May after 
the correction of retrospective assessments is certified to the 
receiver. When any lands or improvements, or personal prop- 
erty, shall not be assessed in any one year, they may, when the 
omission is discovered, be assessed retrospectively for that year 
at any time not later than: five years thereafter; but the hen 
thereby accruing to the city shall not prejudice the right of 
purchasers acquired in the meantime; and for any damage 
arising to the city by the loss of lien, the assessor guilty of 


§ 2991. Assessment in wrong 
name.—Ssection 2991. Kentucky 
Statutes, providing that when- 
ever by the complaint of the par- 
ty assessed it appears that prop- 
erty has been assessed in a name 
other than that of the owner or 
holder, the city assessor shall, 
after notice, make the correction 
either for the current or preced- 
ing year, does not apply after 
the assessment has been made 
and no complaint made. Joyce 
v. City of Louisville, 26 Ky. 
Law Rep., 718. 

(2) Retrospective assessments. 
Where property taxable in a city 
is not assessed there during the 
period prescribed by statute for 
making the assessment, the as- 
sessor is authorized, independ- 
ently of statute, to assess it 
retrospectively at any time %Se- 
fore the right to assess and col- 
lect taxes is barred by the statute 
of limitations. Botto’s Ex’r v. 
City of Louisville, 79 S. W., 241; 
25 Ky. Law Rep., 1918; see Com. 
v. Nute, 115 R., 239. 


Retrospective assessment of 
personality. Even before’ the 





amendment of 1906 the city 
of Louisville had the _ right 
to retrospectively assess personal 
property that had been omitted 
from assessment. Hegan vy. City 
of Louisville, 106 S. W., 805. 

Retrospective assessment—no- 
tice. Although a person retro- 
spectively assessed alleges that 
he had no notice of the assess- 
ment, this is not sufficient ground 
to enjoin the collection of the 
tax. The statute does not require 
that the notice be received, only 
that it ‘be sent. It is the duty 
of a person objecting to a retro- 
spective assessment and who has 
not received the notice requir- 
ed ‘by law to make known his 
objection as soon as ‘he learns 
that the retrospective assessment 
has been made. Id. 

Injunction against collection 
of tax under retrospective assess- 
ment. In seeking to enjoin a 
retrospective assessment the 
plaintiff should allege in his pe- 
tition that he did not have the 
property which was assessed to 
him retrospectively in addition 
to that which had been included 
in his original assessment. Id. 


° 


7892 AN ACT FOR THE GOVERNMENT OF 


the omission, together with his bondsmen, shall be liable. Any 
person thus retrospectively assessed may, within thirty days 
after the mailing of a notice thereof to him, file in the asses- 
sor’s office the complaint provided for in the next section. If 
he does so, the assessment shall not become binding, nor shall 
any bill be issued thereupon until it be passed on as in the next 
section provided. (Section as amended by act of March, 1906.) 


§ 2992, Complaint of excessive assessment—proceedings. 
The assessment books in the section named shall remain open 
in the assessor’s office from the fifteenth to the thirtieth of 
November, and any one who thinks that his personal property, 
lands, or improvements, or those in which he has an interest, 
though they be not assessed in his name, have been assessed 
beyond their value, may, before the last named day, file with 
the assessor his complaint, specifying the parcel and alleged 
excess, and the complaint shall forthwith be investigated by the 
board of equalization, which shall, according to the justice of 
the case approve or reduce the assessment. It may, after 
notice to any tax-payer, increase the assessment, if satisfied, 
on investigation, that it is too low, either as to real or personal 
property. (Section as amended by act of March, 1906.) 


§ 2993. Board of equalization—election—compensation— 
meetings. The board of equalization shall consist of three 
citizens of the city, to be elected annually in September by the 
board of aldermen. They may be removed by the general 
council. Wacancies caused by such removal, or by death, resig- 
nation, or departure from the city, shall also be filled by the 
board of aldermen. The general council may compensate the 
members of said board out of the treasury at a rate not ex- 
ceeding ten dollars to each for each day’s service. Two mem- 
bers shall make a quorum. If two or all of the members of 
the board fail to attend, the mayor may, by writing, under 
his hand, appoint others to take their places for the time be- 
in. The board, when made up in whole or in part of such 
appointees, may reduce, but cannot increase assessments. The 
board of equalization, after convening in November, shall close 
its sessions during the month of December following. (Sec- 
tion as amended by act of March 16, 1898.) 


eT eee 


§ 2993. Board of equalization board was not appointed at the 
—appointment. Board appoint- proper time. Slaughter v. Louis- 
ed by the mayor without consent ville, 12 R., 61; and see Woolley 
of council was invalid; so if the v. City, 24 R., 1357. 


CITIES OF THE FIRST CLASS. 783 


§ 2994. Failure to elect board—complaint of tax-payer— 
proceedings. If in any year a legal board of equalization is 
not elected, or fails to meet, or fails otherwise to perform any 
essential act, or if, in any year, the assessment books should 
not remain open for. the requisite time, the tax bill shall not 
thereby become void; but when any tax-payer, in such a case, 
complains of the assessment upon him, such a board shall then 
be chosen in the manner indicated, or the board theretofore 
chosen shall meet, as the case may be, and hear all complaint 
in the manner stated; and the collection of tax bills from those 
so complaining shall be suspended till the board has heard and 
disposed of their complaints. 


§ 2995. Board to keep journal—place and time of meetings. 
The board of equalization shall keep a full and true journal 
of its proceedings, which is to be preserved as part of the city 
records. The board shall hold its meetings at the assessor’s 
office. It may be reconvened by the mayor, from time to time, 
to pass on the complaints of those retrospectively assessed. 


§ 2996. Tax bills—when to be listed with tax receiver when 
payable—evidence. The assessor shall, during the month of 
December in each year, or as soon as the rates for the coming 
year are fixed, begin to make out the tax bills according to 
the provisions of the ordinances of the city levying taxes for 
the corresponding year, or according to the levy provided for 





§ 2994. Levy and assessment ville, 71S. W., 893; 24 Ky. Law 


ot taxes—Ky. St., sec. 2994, pro- 
vides that, if in any year the lo- 
cal board of equalization Is not 
elected, the tax bill shall not 
thereby become void, Sut, when 
any taxpayer in such a case com- 
plains of the assessment on him, 
such a board shall be chosen 
in the manner indicated, or the 
poard theretofore chosen shall 
hear all complaints, and the col- 
lection of tax \bills from those 
complaining shall be suspended 


until the board has heard and 


disposed of the complaint. Held 
that, in an action by a:city for 
taxes, an objection that the board 
of aldermen did not elect a ‘board 
of equalization by a vote viva 
voce was unavailing.to defend- 
ant. Woolley v. City of Louis- 


Rep... 1357. 

§ 2995. Meeting of tax com-~ 
missioners—notice of sittings. 
A failure of the board of tax 
commissioners to meet at stated 
time invalidated the tax levy for 
that year. A notice signed by the 
assessor alone was not a compli- 
ance with the law, which requir- 
ed notice by the board of tax 
commissioners. Slaughter Vv. 
Louisville, 12 R., 61; see changes 
made *%y the present law. 

§ 2996. Tax bills—prima facie 
evidence. Section of city charter 
making ‘‘tax bill’ prima facie ev- 
idence of valid assessment, etc., 


is valid. City of Louisville v. 
JOnneon.. 9 thy. 264s) lhl, 
615; Woolley v. City, 24 R., 


1357. 


784 AN ACT FOR THE GOVERNMENT OF 


in section 2981,* as the case may be, and shall list such bills 
for collection with the tax receiver by the third day of Janu- 
ary following, or as soon thereafter as practicable; said tax 
bills shall be payable on the third day of January, and due on 
the first day of May in the year for which made out. The taxes 
on personal property may be included with those on some one 
parcel of land and improvements. Each bill shall be authenti- 
eated by the assessor by his signature, or a stamped fae simile 
thereof, and when so authenticated, it shall be prima facie 
proof that all steps have been taken to make it a binding tax 
bill for the amounts and purposes, and against the person and 
property therein named or described; and this rule of evidence 
shall apply to the tax bills of eighteen hundred and eighty-five 
and eighteen hundred and eighty-six that have been so authen- 
ticated under the ordinance of the general council. 


(ec) Collection and Payment of Taxes. 


§ 2997. Tax bills listed with receiver—discounts for prompt 
payment. The assessor shall make out the tax bills, and shall 
list such bills for collection with the tax receiver by the third 
day of January following, or as soon thereafter as practicable; 
and such taxes shall then be payable at the tax receiver’s office. 
Those pay in January or the first ten working days in February 
shall be reduced by a discount of three per cent., and those 
paid in the rest of February by two per cent., and.those paid 
in March by one per cent. 


§ 2998. Remedies for collection of taxes—interest. All tax 
bills uncollected in whole or in part, and which remain in the 








1Q2 


*¥in Acts*1891, “92, and ee 
this reference is to sec. 213 of 


of the property subjected directly 
to the tax. Broadway Baptist 


that act; evidently this is a mis- 
take.—Ed. 


§ 2998. (1) Collection of taxes 
by action—defenses. Fonda vy. 
City, 20 Ri, 1652> Reed v: City, 
22 K.,7163865 -Waiston’ v..City; 26 
R., 1852; for full discussion see 
Woolley v. City, 24 R., 1357. 

(2) Mode of enforcement. The 
Legislature, having tne power to 
enforce the tax, can not be re- 
stricted in its mode of collection; 
but it can not extort from the 
property owners under the guise 
of taxation more than the value 


Church v. McAtee, 8 Bush, 508. 

(3) Rate of interest.—Section 
2998, Kentucky Statutes, fixes 
the rate of interest that must be 
paid on uncollected tax bills. 
Joyes v. City of Louisville, 26 Ky. 
Law Rep., 713. 

The provision of this section 
being the amended act of March, 
1906, providing that delinquent 
taxes shall bear interest after the 
first year of their delinquency at 
the rate of one per cent. per 
month, held constitutional. 
Specht v. City of Louisville, 122 
S: W:,° 846, 


CITIES OF THE FIRST CLASS. 


~1 
CO 
Or 











hands of the tax receiver on the first day of May succeeding the 
date on which they were listed with him for collection against 
any person owning property in his own right, shall be deemed 
a debt from such person to said city arising as by contract and 
may be enforced as such (except those against persons ee 
the disability of infancy, coverture or unsound mind), by all 
remedies given for the recovery of debt in any court of this 
Commonwealth otherwise competent for that purpose; and 
those bills assessed against an administrator, executor or trus- 
tee shall be a charge against the whole succession of trust 
estates and may be in either case enforced accordingly, this 
being in addition to the other remedies hereinafter given. All 
tax bills remaining unpaid on the first day of May, succeeding 
the date on which they were listed with the tax reeciver for 
collection, shall bear interest at the rate of one-half of 1 per 
cent. for every month, or fraction of a month from date until 
the first day of the next succeeding May; and thereafter shall 
bear interest at the rate of 1 per cent. for every month or frac- 
tions of a month until paid. (Section as amended by act of 
March, 1906.) 


§ 2999. Tax receiver to notify delinquent tax- -payers. In 
the months of May and June of each year, the tax receiver shall, 
by himself, deputy or employe, mail to every person in arrears 
for taxes for that year, to the guardians and committees of 
infants and lunatics, and to the agents of absent property own- 
ers whose address is unknown to him, postpaid letters directed 
to the best of his knowledge, and indorsed with the request to 
return to him if not delivered within ten days, substantially 
framed thus: 

‘“Your tax bill for the year amounting to $———.,. be- 
sides interest, remains unpaid, and. will, if unpaid by the twen- 
tieth of August next, be collected by distraint or garnishment 
of rents, with penalty added. 

6é 


so Ee CAPR’ pin dhied , Tax Reeeiver.’’ 





§ 3000. Receiver to file list of unpaid bills with comptroller 
—penalty for false report. He shall make a list of all his bills 
remaining wholly or in part unpaid on the first of July, showing 
whether ‘the person was written to, and whether the letter 
came back as undelivered. He shall file the list with the city 
comptroller. For reporting falsely, he shall answer to the per- 
son aggrieved for all costs, penalty, or damages caused there- 
by, but neither a false report, nor a failure to report, shall 
invalidate subsequent proceedings under this act. 


786 AN ACT FOR THE GOVERNMENT OF 





§ 3001. Warrants upon unpaid tax bills—penalties. Betweem 
the first and twenty-first of August following, upon the filing 
of these lists, the comptroller shall make out for the tax bills. 
wholly or partly unpaid (except when the persons assessed or 
appear from the face of the bill to be infants, persons of un- 
sound mind, or fiduciaries assessed on behalf of a trust estate) 
warrants substantially in the following form, except that no 
penalty shall be allowed on a warrant upon any tax bill that. 
is not fully reported on in the list in conformity with the re- 
quirements of this section; and provided, further, that where 
the warrant calls for more than three hundred dollars, it shall 
allow five per cent. penalty on the first three hundred dollars. 
only, and one per cent .on the residue: 

“The Commonwealth of Kentucky, to the tax receiver of 
the city of , greeting: We command you, by dis- 
traint, to make of the goods and chattels of ——————— (per- 
son assessed) by cash sale, the sum of 4$————— (amount of 
tax bill or balance of tax bill), due for taxes to the city of 
—____—_——, as per tax bill number — , together with in- 
terest at the rate of one-half of one per cent. per month, or 
fraction of month, from the first of May last past, and five 
per cent. penalty on the principal sum (up to three hundred 
dollars, and one per cent. on the residue), and return this: 
warrant with your doings thereunder on or before November 
first, A. D. 

‘‘Given under my hand, this first day (or if the first be 
Tuesday, second) of August, ——. 











Aa SU era aoe , Comptroller.” 
The penalties provided for shall, when collected, go to the 
tax receiver for the city. 


§ 3002. Warrants levied by receiver—advertisement and. 
sale. The warrants shall, unless payments be made otherwise, 
be levied by the tax receiver, or one of his deputies, on any 
goods and chattels belonging to the person assessed. The ad- 
vertisement, sale and delivery to purchaser shall be made in 
like manner as of goods levied upon under execution on a 
replevin bond. The warrants, with the doings of the receiver’ 
truly indorsed thereon, by himself or deputy, shall be returned 





§ 8001. Penalty for non-pay- other judicial process is neces- 
ment on the day. The exaction sary, ‘but is only a provisional 
of ten per cent. for non-payment and valid increase, pro rata, of 
of the assessed tax within a pre- the assessment. Lou. City Ry- 
scribed time is not a penalty for Co. v. Louisville, 4 Bush, 478. 
enforcing which an indictment or 


CITIES OF THE FIRST CLASS. 


= 
oe) 
~ 





by him to the office of the city comptroller on or before the 
return day named. The warrants, of distraint, when directed 
against a married woman, may also be levied upon such goods 
of her husband not exempt from levy under a like warrant 
against him, and found on any of the lands or improvements for 
which the married woman is assessed. 


§ 3003. Fiduciaries and agents to pay taxes out of income— 
liability. Every guardian, committee, trustee, or other fiduciary 
appointed under the laws of Kentucky, or by a deed or will 
recorded in any county clerk’s office therein, who has the 
management of any lands or improvements in the city, and 
every agent of a non-resident of Kentucky owning property in 
the city who collects the rent thereof, or the husbands of women 
owning such lands or improvements, who collect the rent or in- 
eome thereof in money, or enjoy the profits of such lands or 
improvements by occupying the same, shall, before the fifteenth 
of September of each year, pay out of the net income of such 
jJands and improvements the city tax assessed upon the same in 
the preceding year, with accruing interest, before applying such 
income to the wants of, or paying it over to, his beneficiaries 
or employer, any instructions of the latter notwithstanding ; 
and, in default thereof, he shall be liable for such tax to the 
amount of the income which he might have so applied, which 
liability may be enforced in equitable proceedings, in which 
it shall not be an answer that the city has a security in its 
lien upon the lands and improvements. 


§ 3004. Lien—unpaid tax bills—proceeding's to collect—no- 
tice—garnishments of rents—agents paying. The city shall 
have a lien for taxes on the rents or income of all property 
superior to the len of the landlord or owner thereof. Between 
the first and fifteenth of November of each year the tax re- 
ceiver shall make out and return to the city comptroller a list 
of all tax bills unpaid, in whole or part, assessed upon im- 
proved lands or improvements, or on unimproved lands or per- 
sonalty owned by persons who also own improved lands or 
improvements. This list may be made on the report provided 


§ 3003. Lien—personal liabil- 
ity of owner—agent or personal 
representative. Under sections 
3003 and 38005, Kentucky Stat- 
utes, not only a lien may be en- 
forced, but a personal judgment 
may be rendered under either 
section against the owner of 


property or against the trustee, 
personal representative or agent 
in his fiduciary capacity for 
taxes due the city, and which 
became due more than five years 
Sefore the filing of the petition. 
City of Louisville v. Robinson’s 
Bx or, -&c)}, 27 -Ky- haw Rep alo 


AN ACT FOR THE GOVERNMENT OF ., 


~| 
o2) 
(oa) 








for in section ——.* After the fifteenth day of November, 
he and his deputies shall proceed to notify all tenants of the per”. 
sons owning such tax bills that they must withhold their rents 
to the amount of such bills and interest thereon, and five per 
cent. penalty on the face thereof in addition thereto; but the 
penalty shall be disallowed in the cases in which it is dis- 
allowed in the warrant of distress; and it shall, upon the excess 
above three hundred dollars, be reduced to one per cent. The 
notices shall be in writing, upon blanks, substantially in the 
torm following: 
COMMONWEALTH OF KENTUCKY. 


‘To the tenants of —————.,, a tax-payer of the city of ———, 
‘‘Greeting: You, and each of you, are warned to withhold 
from —— (name of tax-payer) the rent due or accruing 
from you to him, to an amount not exceeding $— (amount 
due on tax bills), with interest from May first. of this year, 
at the rate of one-half of one per cent. for each month or frae- 
tion of a month, and five per cent. penalty on the principal 
sum (up to three hundred dollars, and one per cent. on the 
remainder), and pay the same into the appropriate division of 
the circuit court to meet the demands of the city of — 7 
until advised of the withdrawal of this garnishment. 
‘Witness: — , city comptroller, this first (or second) 


day of November, A. D. 
OUT tes, SOUR GR Bee cee City Comptroller.” 

















And they shall be served by copy, and the notice, as re- 
turned, filed with the comptroller; and such services shall, 
until the tax is paid in full, with interest and penalty, be a 
defense pro tanto to the tenant in any proceedings by the land- 
lord for the recovery of the rent, and shall operate to transfer 
pro tanto to the city the rights and remedies of the land- 
lord. The taxes on any parcel of property may thus be en- 
forced out of the rents of any other parcel of the same owner 
or owners. The penalty provided for herein shall go to the tax 
receiver for the benefit of the city. A failure to obtain or serve 
the notices herein provided for shall make the receiver answer- 
able to the tax-payer for the cost arising to him thereby. Any 
tenant so served shall show the copy delivered to him to the 
receiver of the circuit court, and pay to him any rent then due, - 





*In the act as published inThe section referred to is foreign 
‘Session Acts 1891, ’92, and ’93,to the subject and evidently is a 
this reference is to sec. 230,mistake.—Ed. 
which is sec. 3016 of this book. 


CITIES OF THE FIRST CLASS. 789 


or thereafter accruing, to the extent of the garnishment. Such. 
court receiver shall, without cost to the tenant, have the proper’ 
money order entered in court, and open an account on his books.. 
This payment into court shal be deemed a suit of interpleader, 
and shall fully discharge the tenant pro tanto, without regard. 
to the validity of the garnishment or of the tax bill on which 
it was issued. The city and landlord may litigate over the 
fund in a summary way, under rules which said court shall 
make for that purpose; but either party may insist upon a. 
hearing in regular action. The court, on the motion of the 
city, shall grant a rule in favor of the city against the tenant 
or agent to pay to the receiver of the court the rents or in- 
come due, or to become due, to his landlord or owner, on which. 
garnishment has been served, and this rule may be enforced. 
by process of contempt. Any tenant claiming under, or agent. 
acting for, the owner of any real or personal estate, and pay- 
ing the taxes to the receiver of court under a garnishment, shall 
have a len on said property for the amount, and shall have 
a right to hold the possession of the same until the owner or 
person entitled to the actual possession shall pay or tender him 
the amount of such taxes, penalty, and interest, or shall tender 
or pay same to the city. The payment of said taxes to the re- 
ceiver of the court shall be a just and valid defense to any writ 
of forcible entry and detainer, or other proceedings instituted 
by the landlord or owner to get possession of the property 
on the ground of the refusal of the tenant or agent to pay 
the rent. 


§ 3005. Action to recover taxes—claim against decedent’s 
estate—city may purchase at tax sale. On the first day of 
May of the second year after the assessment of city taxes the 


§ 3005. (1) Action to recover 
taxes—limitation. When limita- 
tion begins to run against city as 
to right to maintain suit to re- 
cover taxes. City of Louisville v. 
yonunson, 95. Ky., 254;..15°R., 
615; see Wooley vy. City, 24 R., 
1357; see Com. v. Nute, 115 R., 
239; and Notes, sec. 2998. 

(2) Power to compromise 
claims for taxes. 1. Under Con- 
stitution, section 52, providing 
that ‘‘the General Assemlbly shall 
have no power to release, extin- 
guish, or authorize the releasing 
or extinguishing, in whole or in 
part, the indebtedness or liability 


of any corporation or individual 
to this Commonwealth, or to any 
county or municipality thereof,’’ 
the general council of a city has. 
no ‘power to compromise a claim 
for taxes after the assessment 
has been regularly made and the 
claim has come into the hands of 
the collecting officer; and espe- 
cially has the general council of 
a city of the first class no such 
power after the city attorney has’ 
brought suit on the unpaid tax 
bill, as provided by Kentucky 
Statutes, section 3005. 

The city attorney of a city of 
the first class has no power to» 


TIO AN ACT FOR THE GOVERNMENT CF 





receiver shall make out a list of the bills still wholly or partly 
unpaid, on lands or improvements, and furnish the list to the 
city attorney, whose duty it shall be to bring, without delay, 
‘suits for the recovery thereof in the circuit court, except that 
where any litigation growing out of distraints or garnish- 
ments, or against guardians and others under section 3003 
is still pending, he may await the termination thereof before 
bringing such suit. In these suits the city shall, unless the 
‘person liable for the tax be under disability, ask for and ob- 
tain a personal judgment against the person assessed, as 
well as the enforcement of the lien hereinafter given. The 
action herein authorized, and tthe judgment and subsequent 
proceedings therein (except as hereinafter excepted), shall be 
conducted in all respects lke suits upon liens arising from 
contract, ‘and tthe court shall have jurisdiction of all suits 
for taxes irrespective of amount. The sums due for taxes of 
later and earlier years shall be included in the petition and 
in the judgment. New tax bills, which are included with 
older ones against the same owners, on which the attempt 
at distraint and garnishment has proven ineffectual, need 
not be dealt with by the receiver in the way provided herein. 
‘The omission of the receiver to act as prescibed herein shall 





compromise claims for taxes title free from tax liens set up 
either before or after suit is in other causes,’ will not relieve 
brought. City of Louisville v. appellant of the liens in the 


Louisville; Ry. {Coy ti Kyat other actions in which he was 


(3) Sale of real property to 
pay taxes. The power to sell 
real estate for taxes, if not 
granted in express words in the 
city charter, must necessarily be 
implied from the language used. 
Redemption—conveyance to pur- 
‘chaser. Johnson vy. Louisville, 11 
Bush;-627 

(4) Construction of statutes. 
Section 3005, Kentucky Statutes, 
which provides that ‘‘when an 
action heretofore or hereafter 
‘brought under this or the follow- 
ing sections is still pending or 
undetermined, a new action upon 
‘subsequent accruing taxes may 
‘Se brought, and either action 
may, in the discretion of the 
court, be carried to judgment 
‘separately, and a sale may ibe 
‘had under the judgment therein 
of sufficient property to satisfy 
the same, giving the purchaser a 


made a party because he can not 
claim both under and against the 
judgment at the same time, and 
having made his purchase su»- 
ject to the lien of the city the 
can not afterwards claim that he 
holds free of that lien. Burton 
v. City of Louisville, 27 Ky. Law 


‘Rep., 514. 


(5) Statute of limitation. This 
action to recover taxes was filed 
in 1888. The answer was filed in 
1891, and an amended petition 
was filed in 1897. The defendant 
then filed an answer pleading the 
statute of limitation as a bar on 
account of laches In prosecut- 
ing the action with diligence. 
Held, That delay in bringing to 
trial an issue made by the parties 
does not again set in motion the 
running of the statute which ‘had 
been arrested ‘by the filing of the 
suit. City of Louisville v. Horns- 


CITIES OF THE FIRST CLASS. 79f 





not defeat any suit of the city for taxes. When an action here- 
tofore or hereafter brought under this or the following sec- 
tion is still pending and undetermined, a new action upon: 
subsequently accruing taxes may be brought, and either ac- 
tion may, in the discretion of the court, be carried to judg- 
ment reparately, and a sale may be had under the judgment: 
therein of sufficient property to satisfy the same, giving the 
purchaser a title free from tax hens set up in other causes. 
When for taxes assessed against a decedent the city seeks: 
only the enforcement of the lien on the lands or improve- 
ments, or lands and improvements assessed, the statutory affi- 
davit and demand need not be made before beginning or re- 
viving a suit, nor in support of the claim. At any decretal 
sale of real estate the city may, by the mayor, city attorney, or 
assistant city attorney, bid the amount due such city for the 
taxes adjudged to be lens thereon, with interest and costs 
of suit and sale, and may become the purchaser of such real 
estate, with the same right to a conveyance and the possession 
thereof as provided by law in the case of any other pur- 
chaser. The owner of the real estate so sold, his heirs, rep- 
resentatives, or assigns, shall have the same right to redeem 
such real estate from the purchaser thereof at any time 
within one year from the day of sale, as is provided by law 
in the sale of real estate under execution, by paying to such 
purchaser the amount of the purchase price at said sale, with 
ten per cent. interest thereon per annum from the day of 


by’s Ex’ors, &c., 23 Ky. Law Constitution as special legisla- 


Rep., 1238. 

(6) Commencement of action. 
Under section 2524, Kentucky 
Statutes, providing that an action 
shall be deemed to have been 
commenced at the date of the 
first summons or process issued 
in ‘good faith from the court 
having jurisdiction, where the 
plaintiff did not know that the 
defendant was a non-resident, 
the action was deemed to have 
commenced by the filing of the 
petition and the issual of a sum- 
mons. 

Act providing for interest on 
taxes not special legislation. 
The provision contained in the 
charter of cities of the first class 
allowing interest on past due tax 
bills is not in violation of the 


tion, although a different rate of 
interest is provided for in anoth- 
er class of cities and no inter- 
est allowed on past due State, 
county or district tax bills. 
Appeals. An appellant has @ 
right to have an appeal granted 
by the clerk of the Appellate 
Court at any time within two: 
years after the rendition of the 
judgment, whether or not the 
appeals granted in the court be- 
low have been dismissed. Wals- 
ton, Trustee, &c, v. City of Louis- 
ville, 23 Ky. Law Rep., 1852. 
(7) Lien for taxes—limitation 
—purchaser for value. Where 
appellant took no step in the 
prosecution of its action for tax 
after filing it for more than fif- 
teen years, and in the meantime’ 


792 AN ACT FOR. THE GOVERNMENT CF 








sale. No real estate thus acquired by the city, except such 
as may be proper and necessary for public purposes, shall be 
held by the city for a longer period than five years, and un- 
‘less the same is sold and conveyed by the city within said 
period, the title thereto shall escheat to the Commonwealth of 
Kentucky. (Section as amended by act of May 26, 1897.) 


§ 3006. Realty and leasehold estates—lien—errors not to 
release. The fee-simple of all lands in the city, and the full 
term and renewal of every leasehold carrying with it the 
value of the improvements thereon, shall be subject, from and 
after the first day of September of each year to a len for 
the city tax, to be assessed thereon for the succeeding year, 
which lien shall be superior to homestead right, and to all 
encumbrances, whether made before or after that date, except 
State taxes, and shall take precedence of dower, curtesy, re- 
mainders, reversions, or future estates; and from the begin- 
ning of the action a hen for each tax bill assessed against 
the same owner or set of joint owners shall also arise upon 
every piece of land or improvement still owned by him or 
them, with a view to a sale of less than all the pieces for all 
the tax bills, subject to such marshalling of burdens as against 
third parties as the rules of equity may require. The court 
may allow a purchaser or encumbrancer to release any parcel 
on payment of its tax, with interest and share of costs. The 
lien herein given for taxes shall attach, though through error 
in the proceedings for any year the tax bill may be unen- 
forceable, in which case the len reaching back to the date 
named shall support the city’s claim for the ttaxes that may 


appellee in ‘good faith became a the bona fide purchaser, show 


lender for value and without no- 
tice of the pendency of the suit 
or claim of appellant for taxes, a 
lis pendens did not exist in favor 
of the city at the time the inter- 
ests of appellee intervened. Un- 
der the statute providing that 
limitation shall run against both 
State and municipal taxation, a 
city’s right to enforce a tax lien 
may be lost (by inexcusable lach- 
es. Seibert et al. v.. City of 
Louisville, 101 S. W., 325. 
Practice. The rule is that a 
party claiming the benefit arising 
from a lis pendens must, in order 
to entitle himself to it against 


that the suit ‘hag been prosecuted 
with reasonbale diligence. City 
of Louisville v. Burke, &c., 27 
Ky. Law Rep., 896. 

The city ‘shaving failed to 
make the mortgagee a party to 
an action for the recovery of 
taxes for more than five years 
after the city had instituted the 
action, the mortgagee can not 
plead the five years statute of 
limitation in bar to the city’s 
prior lien on the property as to 
the mortgagee. Rissberger v. 
City of Louisville, 118 S. W., 
319. 


CITIES OF THE FIRST CLASS. 798 





be imposed afterward for the year in question by any curative 
act or acts of the Legislature. 


§ 3007. Collection of taxes due by infants and persons of 
unsound mind. The goods of infants, or persons judicially 
found to be of unsound mind, shall not be distrained for the 
taxes assessed on their lands or improvements; nor shall 
their lands during their disability, be sold for less than two- 
thirds of their appraised value on any judgment of sale ren- 
dered for taxes and costs alone, when those lands or improve- 
ments have come to them through decent, distribution or 
devise, or the gift or settlement of some person then de- 
ceased, or have belonged to persons of unsound mind before 
they became such; nor shall, for taxes chargeable to the owner 
of the particular estate, the entire estate be sold for taxes and 
costs alone at less than two-thirds of the appraised value, so 
as to defeat reversions, remainders, or future estates, while 
any future estates are outstanding, unless the reversioners or 
remaindermen are ascertained and are of full age; nor shall 
such entire estates be put up to sale, unless the particular 
estate of the tax-payer had first been put up and has failed 
to bring the amount of tthe taxes and costs. 


§ 3008. Unlawful distraints and garnishments—remedies— 
injunction. Any court of competent jurisdiction, not inferior 
to a circuit court, may, in tthe established modes of proceed- 
ings, and upon existing principles of law or equity, give re- 
dress against unlawful distraints or garnishments of rents 
that may be wrongfully made or threatened under color of 
this act; but no injunction shall be granted in such proceeding, 
except by the court or its judge, nor otherwise than tipon no- 
tice to said city, and after a hearing. 


§ 3009. Receiver of court or attorney for city to pay taxes 
collected to city receiver. The receiver of the cireuit court. 
and all other ministerial officers in the county, shall pay di- 
rectly to the tax receiver for the time being, on his own re- 
ceipt, without the intervention of an attorney, the amounts 
received by the said city for taxes in any judicial proceed- 
ing. Where, from any cause, moneys so recovered have come 
into the hands of an attorney on behalf of the city, he shall 
deliver them to such tax receiver. 


AN ACT FOR HE GOVERNMENT OF 





SUBDIVISION XXVIII. 
Sinking Fund. 


§ 3010. 1. Sinking fund—commissioners—number and elec- 
tion. The sinking fund to pay the bonded debt of the city is 
hereby continued as now established by law, and shall consist 
of the mayor, the president of the board of aldermen for 
the time being, and three persons to be chosen on joint ballot, 
as hereinafter directed, and they and their successors in 
office shall continue to constitute the ‘‘commissioners of the 
sinking fund of the city of Louisville,’’? and by that name 
shall continue to have corporate powers and existence, may 
sue and be sued, and do and perform all things necessary to 
execute the duties required and powers given them by this 
act. 

2. President — compensation of members — by-laws — em- 
ployes. They shall annually elect one of their number presi- 
dent of the board, may fill vacancies, have and use a common 
seal, or act without such seal. They may allow compensa- 
tion to each member of said board, other than the salaried 
officers thereof, for attendance upon the meetings of the 
board, not exceeding ten dollars for each meeting attended; 
and they may allow a reasonable compensation to said mem- 
bers for any special services that may be required of them 
by said board. They may prescribe and enforce such by-laws 
and rules, not contrary to law, as they may deem necessary 
for the proper conduct’ of the business and affairs of said 
sinking fund. Such by-laws may provide for deductions to 
be made from the compensation of the officers and employes of 
the sinking fund for neglect of duty or violation of the by- 





laws. Such commissioners shall elect and appoint all officers 

§ 3010. (1) Commissioners— (3) Levy for sinking fund may 
election by council under old be omitted in any year by the 
charter. ‘Tillman v. Otter, 938 council, and when so omitted the 


Ky., 600; as to eligibility of per- 
son who lived in territory an- 
nexed to the city, see Gibson v. 
Wood, 105 Ky., 740; 20 R., 1547. 

(2) Gold bonds. City may make 
its bonds payable in gold, al- 
though the act authorizing their 
issual is silent on this subject. 
Farson v. Board of Coms., 97 
os 1) Os oe aie to aes 


commissioners of the sinking 
fund can not compel the council 
to make the levy. Coms. Sinking 
Fund v. Grainger, 98 Ky., 319; 
oy fea: Aes a 

(4) Sinking fund and redemp- 
tion. Act of March 9, 1867, 


created the board of commission- 


ers of the sinking fund of the 
city of Louisville, Ky. iSt., section 


CITIES OF THE FIRST CLASS. 795 


and employes of said sinking fund, and 
duties and fix their compensation; and 
ployes of said sinking fund, except the 
and secretary. shall hold their offices at 
board, as prescribed by the by-laws. 


shall prescribe their 
all officers and em- 
president, treasurer 
ithe pleasure of the 


3. Commissioners—how chosen. The said commissioners, 
other than the mayor and president of the board of alder- 
men, shall be chosen for the term of three years and until their 
successors have qualified. The general council shall on joint 
ballot, in the month of October of each year, elect a commis- 
sioner of the sinking fund to fill the place of the commis- 
sioner whose term of service expires that year. In the event 
the general council fail to elect in that month, then the elec- 
tion shall be made by the commissioners themselves. If the 
person elected at any election by the general couneil shall 
fail to qualify within ten days next after his election, he shall 
be regarded as declining to act, and the commissioners of 
the sinking fund shall elect a person ‘to fill said vacancy at 
a regular meeting of said board. Nothing in this act shall in 
any manner interfere with the term of office of any commis- 
sioner now elected by the general council. 


4. Eligibility of commissioners. No one who is either al. 
derman, councilman, or an officer of said city, county or State, 
shall be eligible to said office of commissioner to be elected by 
the general council, and who does not possess the qualifica- 
tions required for the office of councilman in cities of the first 
class. 


5. Oath commissioners and officers to take. Each of the 
commissioners of the sinking fund, and the treasurer and seec- 
retary of said commissioners, before entering upon the dis- 
charge of the duties of his office, shall make oath, well, truly, 
faithfully and according to law, to discharge the duties of his 


3010, provieds that the sinking 
fund of the city of Louisville, 
to pay the bonded debt of the 
city, is continued as established 
by law, and that whenever it is 
apparent to the board of com- 
missioners of the sinking fund of 
any city of the first class (which 
includes Louisville) that the rev- 
enue and available assets of such 
sinking fund will be insufficient 


to pay any future maturing bonds 
of the city, without unduly im- 
pairing the sinking fund, the 
commissioners shall certify such 
fact to the general council of said 
city. Held, That the corporation 
known as the “‘Commissioners of 
the Sinking Fund’’ is in exist- 
ence. Woolley v. City of Louis- 
ville, 71 S. W., 893; 24 Ky. Law 
Kepitoor 


AN ACT FOR THE GOVERNMENT OF 


796 


office, which oath being reduced to writing, shall be signed 
by the affiant and attested by the officer administering said 
oath, and delivered, filed and kept as part of the records of 
the sinking fund. 


6. Removal of commissioners from office. The said com- 
missioners may be removed from office for malfeasance, or mis- 
feasance, by the board of aldermen in the same manner as pro- 
vided for the removal of executive and ministerial officers of 
cities of the first class. 


7. Penalty for misappropriation of funds. Any persons 
having charge, control or possession of said sinking fund, or 
any part thereof, or any of its property, money, or evidences 
of property or stock or other valuable thing, who shall wil- 
fully embezzle or misapply the same, or any part thereof, 
shall be deemed guilty of a felony, and on conviction thereof 
shall be confined in the penitentiary of this State not less 
than one nor more than twenty (20) years at the discretion of 
a jury. 


8. Sinking fund—resources of —purposes for which it may 
be used. The sinking fund shall be under the control and 
management of the commissioners of the sinking fund, and 
shall be held and sacredly used for the payment of the prin- 
cipal and interest of the bonded debt of the city. The gen- 
eral council shall have no power to pass ordinances to di-. 
minish the present resources of the sinking fund as now estab- 
lished until the debts of said city, now or hereafter charged 
or chargeable upon said fund, are paid, but may pass laws 
to inerease the said resources; and the whole resources of 
said fund from year to year shall be sacredly set apart and 
applied to the payment of the interest and principal of the 
city’s debts chargeable on said fund, and to no other use 
or purpose until the whole of the debts of said city are fully 
paid and satisfied, including the present and any future in- 
debtedness of said city. Nor shall any other bonds, nor in- 
terest thereof, be charged upon said fund, unless provisions 





(5) Taxes payable to sinking 
fund.. Taxes levied for the bene- 
fit of the sinking fund being in 
sussstance levied for the payment 
of the city’s debts, the fact that 
they were made payable to the 
sinking fund commission did not 
effect their validity; the council 


being required to make a levy to 
meet the obligations of the city, 
and the form in which the levy 
was made not being prejudicial 
to the taxpayer. Woolley v. City 
of Louisville, 71 S. W., 893; 24 
Ky. Law Rep., 1357. 

(6) Where a by-law of the 


CITIES OF THE FIRST CLASS. 797 


are made for the payment thereof at the time of the charge, 
sufficient, in the opinion of the commissioners, to pay the same. 


9. Sinking fund—purpose for which it may be used—dis- 
position of surplus. The funds, estate and income belonging 
now or hereafter to said fund shall be and is vested in and 
be under the control and management of the board of com- 
missioners for the purposes herein declared; and if injured, 
withheld or abstracted, said board of commissioners may sue 
for and recover the same-or any part thereof in their cor- 
porate name. The said commissioners shall apply said fund 
to the payment of the city’s debts chargeable on the same, 
when they can do so on fair terms; but whenever there shall 
be a surplus of said fund, which cannot be applied on fair 
terms to the extinguishment of said liabilities, the said com- 
missioners may invest the same in bonds of said city, or for 
which it is bound, or bonds of the State of Kentucky, or in 
United States bonds. 


10. Bonds to be issued when resources of fund insufficient. 
Whenever it is apparent to the commissioners of the sinking 
fund of any city of the first class that the revenue and avail- 
able assets of said sinking fund will be insufficient to pay, 
when due, any future maturing bonds of said city then issued 
and charegable to said sinking fund, without unduly impair- 
ing the assets of said sinking fund, and ithe said commission- 
ers of the sinking fund shall certify this fact to the general 
eouncil of said city, the general council shall at once provide 
by ordinance for the refunding of said bonds by the issue of 
other bonds of said city, bearing such rate of interest and 
payable at such time and place as may be prescribed by the 
ordinance, and cause the same to be delivered to the com- 
missioners of the sinking fund to be by them sold or ex- 
changed, as they may deem most expedient, in order to retire . 
the bonds which it is necessary to refund. The certificate of 
the commissioners of the sinking fund as to the inability of 
the sinking fund to pay when due any future maturing bonds 
out of its revenue and available assets, shall be conclusive 
evidence of the facts recited in said certificate. 


Sinking Fund Commissioners fied, it was held that an employe 
provided that officers and em-- so appointed was entitled to hold 
ployes shall be elected in June for the full year, but could tbe 
of each year, and enter upon removed for cause or by a change 
their duties August lst follow- of the ‘by-laws. Meffert — v. 
ing, and serve until their suc- Brown, 116 S. W., 779; 116 S. 
cessors are in like manner quali- W., 1177. 


798 AN ACT. FOR THE GOVEKNMENT OF 


11. Commissioners may borrow money. The commission- 
ers of the sinking fund of cities of the first class shall have 
power, whenever they deem it necessary and expedient to do 
so, to borrow money to pay liabilities of the sinking fund, 
when the same can not be paid at maturity out of the current 
income of ithe sinking fund, to secure the re-payment of any 
money so borrowed: Provided, however, They shall not at 
any time borrow a greater sum than in their Judgment can 
be repaid out of the current income of the sinking fund dur- 
ing the year in which the money is borrowed. 


12. Depository of funds. The commissioners of the sink- 
ing fund shall deposit the funds in their hands as commis- 
sioners in some incorporated bank, State or National locatect 
or doing business in said city. The bank selected by the com: 
missioners aforesaid shall give bond with good and sufficient 
security to secure the said commissioners the payment of all 
moneys and other things of value deposited by them with such 
bank; and upon such bond recovery may be had for any breach 
of the conditions thereof by suit in any court of competent jur- 
isdiction. The moneys or other things of value belonging to 
the sinking fund, or which may be placed to the credit of the 
commissioners of the sinking fund, can only be withdrawn 
upon the order of the treasurer and secretary, approved and 
certified by the president of the commissioners of the sinking 
fund. 


13. Water company stock. There shall be added to the 
present resources of the sinking fund of said city the stock 
owned by her in the Lowisville Water Company. The com- 
missioners of the sinking fund shall have the power to pur- 
chase from individuals holding the same the certificates of 
stock held by said individuals in the Louisville Water Com- 
pany, and when so purchased shall be held by said com- 
missioners as a part of the sinking fund of said city. 


14. South Louisville bonds to be paid. The sinking fund 
is hereby charged with the payment of the principal and in- 
terest of the fifty thousand dollars of bonds issued by the 
town of South Louisville, dated the first day of November, 
one thousand eight hundred and ninety-two, and payable on 
the first day of November, one thousand nine hundred and 
twelve, at the Fidelity Trust and Safety Vault Company, of 
Louisville, Kentucky, and the general council shall make an 
annual levy, sufficient, in the opinion of the commissioners 
of the sinking fund, to pay the interest upon said bonds, and 
to create a fund for the principal thereof, when due, and 


CITIES OF THE FIRST CLASS. 799 


said sums so levied and collected shall be paid into the sink- 
ing fund for ‘the aforesaid purposes. 


15. Commissioners not to speculate in bonds of city. It. 
shall be unlawful for a commissioner of the sinking fund to 
trade or speculate in the bonds of a city of the first class, but 
any commissioner may hold or sell any such bond or bonds as 
he may own at ithe time he became a commissioner, and he 
may purchase such bonds as an investment, having first ob- 
tained the consent of the commissioners to do so, by resolu- 
tion entered upon their record book. If any commissioner 
shall violate this section, he thereby vacates his office, and 
it shall be the duty of the other commissioners to elect an- 
other person to fill the vacancy. 


16. Secretary and treasurer—bond, term and duties. The 
commissioners of the sinking fund, a majority thereof concur- 
ring, shall appoint or elect a suitable person who shall act 
as a treasurer and secretary of the board, and shall be ‘the 
chief license inspector. He shall execute a bond to the com- 
missioners and their suecessors, with good and sufficient se- 
curity, to be approved by them, to faithfully perform his du- 
ties and faithfully account for all moneys, notes, bonds, stocks 
or other things of value that may come to his hands or con- 
trol, and upon such bond recovery may be had for any breach 
of the conditions thereof. His term of office shall be four 
years and until his successor is qualified, and all vacancies 
occurring during the time shall be filled by an appointment of 
said commissioners. Said treasurer and secretary shall keep 
a true and correct record of all proceedings of the board of 
commissioners, receive and disburse all moneys by order of 
the board, keep a true and correct account thereof, superin- 
tend the issuing of licenses and receive the money therefor, 
and perform all other acts required of him by said board. He 
shall account for all moneys, bonds, stocks and other thing of 
value belonging to the sinking fund that may come to his 
hands or control; and if he shall appropriate to his own use 
any funds, money or other property belonging to said sink- 
ing fund, or shall fail or refuse to surrender any books, papers, 
moneys, bonds, stocks, notes or other thing of value to his 
successor in office, or to any person legally entitled to re- 
ceive the same, he shall be deemed guilty of embezzlement 
and punished as provided by law for said offense. 


\7. Statements to be made by secretary and treasurer. 
The commissioners shall require monthly detailed statements 
from said treasurer and secretary of the condition of said 


SOO AN ACT FOR THE GOVERNMENT OF 





funds; and on or after the first day of January of each year 
sald treasurer and secretary shall furnish to the general coun- 
cil a full, detailed statement of the said funds, its receipts and 
disbursements for the preceding year. 


18. Bonds hereafter issued—provision as to. All bonds 
that may hereatter be issued by the said cities of the first 
class shall be made a charge upon the sinking fund of said 
city, and said bonds, when issued, shall be placed with and 
sold by the commissioners of said sinking fund; but no bond 
or bonds shall be made a charge upon said sinking fund un- 
less provision shall be made for the payment of the interest. 
and principal thereof at the time of said issue. 


19. Assistant license inspector may execute warrants. It 
shall be lawful for warrants issued by the clerk of the police 
court in cities of the first class for a violation of license or-— 
dinaneces, or process in proceedings thereunder, to be executed 
by an assistant license inspector of said city, and his service 
thereof shall have the same effect as if done by the bailiff of 
said court; and it shall be the duty of said clerk to issue such 
process directed to an assistant license inspector whenever re- 
quested by an assistant license inspector to do so. 


20. Repealing clause. All acts or parts of acts inconsistent 
or in conflict with this act are hereby repealed. (Section as 
amended by act of March 22, 1902; the numbers of the sub- 
sections are the numbers of sections of act.) 


§ 3011. Licenses provided for. Pursuant to the authority 
conferred by § 2980 of the Kentucky Statutes, the General Coun- 
cil may by ordiance provide, in addition to ad valorem taxa- 





§ 3011. (1) License tax on at- 
torneys may be imposed under 
authority of this section. Elliott 
v. City of Louisville, 19 R., 414; 
101 Ky., 262; and on Vehicles, 
Bowser v. Thompson, 20 R., 31; 
103 Ky., 3381; on laundries, 1056 
Ky., 259; 20-R., 1172; on claim- 
shavers, 91064 Ky. 514: 20, Ri); 

318; on insurance companies, 
106° Kye 20%" 207 Rt 86 bu 
a license tax on contractors Way 
held unconstitutional in Figg v. 
Thompson, 105 Ky., 509; 20 R., 
1322; and see Con., sec. 181, and 
notes. 





(2) Weimer v. Commissioners 
of Sinking Fund, 99 8S. W., 242; 
30 R., 523, construing 3011 as 
amended by act of 1904, holding 
Section 2 of said act unconstitu- 
tional; the act of 1906 is a sub- 
stitute of a general authority to 
impose a license tax, for the spe- 
cific authority as enumerated in 
previous act. 

The Act of March 2531906 
(Acts 1906, page 310, Chapter 
57, Secs. 5, 6), gives the city of 
Louisville even broader powers 
than it had before with respect 
to levying occupation taxes. City 


CITIES OF THE FIRST CLASS. SOE 


tion, for licensing any business, trade, calling, occupation 
or profession, and the using, or holding, or exhibiting any 
animal, article or other thing, whether the same were or were 
not heretofore enumerated in any statute, and may fix in 
each case a license fee, all such fees to be paid into the sink- 
ing fund of such city . 

This act shall in no way affect the validity of any leense 
heretofore issued nor any penalty already incurred under any 
statute or ordinance requiring a license in such city. (Sec- 
tion as amended by act of March, 1906.) 


$3012. Other business or employment may be provided for 
by ordinance, Each ordinance of such city imposing a license 
shall fix the fee to be paid therefor by the lecensee, and 
shall also prescribe a penalty for failing to obtain said h- 
cense when required so to do; provided, however, that noth- 
ing in any section of this act shall in any way effect the 
statutes and ordinances now in force in regard to hquor h- 
censes. (Section as amended by act of March, 1906.) 


§ 3013. License fee to be paid in advance—expiration of 
license. All licenses shall be paid for in advanee, in the law- 
ful money of the United States. All annual vehicle licenses. 
shall be issued to expire on the first day of May of each year. 
All annual licenses for dogs shall be made to commence on the- 
first day of July of each year and to expire on the thirtieth 





of Louisville v. Roerts and An ordinance requiring each 
Krieger, 106 S. W., 1197. barber shop to pay a license of? 
Merchant’s license—authority $5.00 per year and $2.00 addi- 


for.. Under this section the city 
may require a license of those 
merchants who commence ‘busi- 
ness after assessment day. City 
of Louisville v. Roberts & 
Krieger, 105 S. W., 431. See 
also case of City of Louisville v. 


tional for each chair where more: 
than two chairs are used is a. 
valid occupation tax. City.: of 
Louisville v. Schnell, 114 S. W... 
742. 

An ordinance requiring a li-— 
cense of persons discounting or 


Sagalowski & Son decided Jan- 
uary 20, 1910. 

Hotel and restaurant keepers 
—licensing. Wihere a person has 
paid a license for keeping a hotel 
he is not subject to an additional 
license for operating a restaur- 
ant in the same building, even 
though the hotel is operated on 
the ‘‘European Plan.’’ New Galt 
House Co. v. City of Louisville, 
RES a RE ae 


advancing money on -claims calm 
not be enforced against a persom 
who deals only in claims of the 
city. ‘City of Louisville v. L. 
Simons & Co., 119 S. W., 185. 
The payment of a pawn-— 
broker’s license does not author- 
ize the sale of pistols unless a. 
special license for that purpose: 
be obtained. Stevens v. City of 
Louisville, 121 8. W., 977. 


S02 AN ACT FOR THE GOVERNMENT OF 


day of June of each year. (Section as amended by act of March 
22, 1902.) 


§ 3014. License for only one year—place of business— 
change—liability of agents. No license shall be issued for a 
longer period than one year, but may be for a shorter period, 
if allowed by ordinance. No licesne shall authorize the con- 
-ducting of business at more than one place at the same time, 
but tthe place at which the business is to be done under the 
clieense may, with the consent of the secretary and treasurer 
-of the sinking fund, he changed. The agent or agents of non- 
‘resident proprietors shall be civilly responsible for the h- 
-cense tax, and criminally responsible for carrying on business, 
“in ike manner as if they were proprietors. | 


§ 3015. How license authenticated. Each license shall be 
authenticated by the treasurer and secretary of the sinking 
fund, by his signature, or a stamped fae simile thereof. 


§ 3016. Transfer of unexpired license—conditions. The 
unexpired term of all licenses (except for the sale of lquor) 
“may be transferred by the holder, with the assent of the sink- 
ing fund, on the payment of five per cent. on the original 
cost of license: Provided, however, That the original license 
shall be surrendered, or, if lost or destroyed, ithe person to 
‘whom it was issued shall make affidavit that said original 1li- 
eense had been lost or destroyed, and can not be produced. 
“The affidavit shall be filed with the treasurer and secretary of 
the sinking fund. 


§ 3017. Treasurer and secretary to classify subjects of li- 
cense—appeal—report of sales. Every business, profession, 0¢- 
cupation, calling, or subject herein provided to be licensed, 
‘where the maximum and minimum sum for the Jicense is herein 
‘fixed, the general council may grade and class the respective 
«subjects of license, and fix the rate of licenses for each grade 
or class at or within the maximum rates herein provided for 
such subjects respectively. In granting licenses the treas- 
urer and secretary of the sinking fund shall, from the oath of 
‘the applicant or other evidence, ascertain the grade in which 
such appheant should be licensed; but said applicant shall 
‘have the right, within ten days, to appeal, in writing, to the 
commissioners of the sinking fund from the action of the 
treasurer and seertary and the commissioner shall have power 
‘to determine in which grade the applicant shall be placed. 
In all cases where the amount of license to be paid by any per- 
<son, firm or corporation is based upon or regulated by the 


CITIES OF THE FIRST CLASS. SO 





amount of sales made or business done, such person, firm or 
corporation shall render a sworn statement to the treasurer 
and secretary of the sinking fund of the total amount of 
sales made or business done by them respectively during the 
preceding year, which statement shall be considered in de- 
terming the amount for which such license shall be issued. 
(Section as amended by act of March 14, 1898.) 


§ 3018. License to specify name and place of business. 
Every license shall specify by name the person, firm, or cor- 
poration to whom or to which it shall be issued, and shall des— 
ignate the particular place at which the business shall be car— 
ried on. 


§ 3019. Evidence of person’s liability to pay license. The 
fact that any person, firm or corporation representing himself 
or itself as engaged in any business, calling, profession or 
occupation for the transaction of which a license is required, 
or that such person exhibited a sign or advertisement indi-- 
eating such business, calling, profession or occupation shall 
be conclusive evidence of the liability of such person to pay” 
for a license. 


§ 3020. License to be exhibited by licensee. Every person,. 
firm, or corporation having a license shall exhibit the same 
while in force whenever requested to do so by any officer of 
the leense or police department. 


§ 3021. Peddler to carry and exhibit license. Every ped- 
dler, while engaged in peddling, shall carry his or her license, 
and exhibit the same whenever requested to do so by any li- 
eense or police officer. 


§ 3022. Enforcement of license law and collection. The: 
enforcement of the license law and collection of the licenses: 
shall remain, as heretofore, under the control of the commis- 
sioners of the sinking fund. 


§ 3023. Conviction for carrying on business without license. 
The conviction and punishment of any person for trancast- 
ing any business without a license shall not excuse or exempt. 
such person from the payment of any license due or unpaid’ 
at the time of such conviction. 


§ 3024. Commissioners to pay into treasury at end of fiscal! 
year. The commissioners of the sinking fund shall, at the 
end of each fiscal year, pay to the city treasurer any revenue: 


S04 AN ACT FOR THE GOVERNMENT CF 





remaining after paying the current expenses of such year, 
and the interest accruing in said year, and setting apart for 
the sinking fund a sum equal to five per cent. of the principal 
of the bonded debt chargeable against the sinking fund. 


§ 3024a. 1. Board of Waterworks.—Whenever any city of 
‘the first class is the owner (through its commissioners of the 
sinking fund) of all of the shares of capital stock in any cor- 
‘poration existing under the laws of this Commonwealth, en- 
gaged in supplying water to such city and inhabitants thereof, 
such city shall control, manage and operate the plant of such 
corporation, including its franchise, and all other property of 
every kind and description, in the manner hereinafter pro- 
~vided. 


2. The mayor of any such city shall appoint, subject to 
the approval of the board of aldermen, four (4) persons, who 
‘shall constitute a body corporate and be known as its ‘‘board 
of waterworks;’’ and the mayor of such city shall be an 
-ex-officio member of said ‘‘board of waterworks.’’ Each ap- 
pointee shall be at least thirty vears of age, and reside within 
‘the city and be the owner in his own right of real estate sit- 
‘uated therein. No officer or employe of said city, whether 
holding a paid or unpaid office, shall be eligible for appoint- 
ment to the said board. The tenms of office of the persons 
‘first appointed, as above provided, shall be as follows: One for 
aterm of one year; one for a term of two years; one for a 
‘term of three years, and one for a term of four years. There- 
after as their terms expire their successors shall be appointed 
in the same manner, but for terms of four years each: Pro- 
vided, however, That no member of the board shall be eligi- 
‘ble to sueceed himself except the three who were first ap- 
pointed for the short terms of one, two and three year’s, re- 
spectively. All vacancies upon the board, whether caused by 
death or resignation, shall be filled for the unexpired term 
by appointment in the same manner. Such member shall hold 
‘his office until his suecessor has been appointed and quali 
“fied. 


3. Each member shall qualify for his office by taking oath 
‘before some one authorized to administer the same that he 
will faithfully perform the duties of a member of. the board 
of waterworks, which oath of office shall be filed with the 
‘board of sinking fund commissioners. 


4. Said board shall annually elect a president, a treas- 
urer, a secretary, and a chief engineer, who shall hold their 
offices for one year, or until their suecessors have been duly 


CITIES OF THE FIRST CLASS. S05 





elected and qualified, and devote all of their time to the du- 
ties of their respective offices. No member of said board ex- 
cept the president shall receive a salary. The president shall 
be elected from the members of the board. The president, 
secretary and treasurer shall each give bond with approved 
surety in such amount as may be fixed by the board, which 
bond shall be payable to the board of waterworks, and obli- 
gate the makers thereof to perform faithfully the duties of 
their several offices, and faithfully account for and pay over 
all money or other things of value which may come into their 
several hands. The combined salaries of the president, treas- 
urer and secretary shall not exceed the sum of $9,000. The 
board shall have the authority to appoint such other agents or 
employes as they may deem necessary or proper, and to fix 
the compensation of its officers, agents or employes: Provided, 
however, That the salary of no officer, agent or employe shall 
exceed the sum of five thousand dollars per annum. 


5. Said board of waterworks so constituted shall be vested 
with all the authority, rights, powers and privileges, and ex 
ercise all the franchises of the corporation of which such city 
Owns all the stock, as described in the first section of this act; 
it shall have the possession, control and management of all 
the property, of every kind and description, real, personal, or 
mixed, of said corporation; it shall have the authority to con- 
tract and be contracted with; to sue and be sued, but all such 
eontracts shall be made and all such suits shall be prosecuted 
or defended in the name of the corporation in which such city 
owns all of the stock, as above described: Provided, however, 
That nothing in this act shall in any way effect the provisions 
of sub-section 13 of section 3010 of the Kentucky Statutes, 
which adds the stock owned by cities of the first class in its 
waterworks company to the resources of the sinking fund of 
such city. ! 


6. Any such city of the first class shall have, through its 
board of waterworks, the use, free of charge, of all the water 
necessary for its fire department, its police department, its 
public buildings, its school board, and for sprinkling its pub- 
lic highways, including its parks and parkways, and shall in 
turn exempt all the property, both tangible and intangible, 
of which it has the control through its board of waterworks 
from taxation for municipal purposes, and shall not include 
any of said property in its assessment for taxation; but noth- 
ing herein provided shall affect the right and duty of said 
board of waterworks to fix, make and collect reasonable sums 
or rates for the use or sale of water furnished to any other 


S06 AN ACT FOR THE GOVERNMENT OF 


individual, firm or corporation, whether the same be by as- 
sessment or meter measurement in its discretion. 


7. The general council of any such city of the first class 
shall have the authority, by ordinance duly enacted, to fix such 
reasonable terms and conditions upon which such board of 
waterworks shall exercise its right to cut into the streets, 
alleys or other public ways of the city, and it shall be the 
duty of the board of waterworks to observe the same. 


8. All of the lawful debts and obligations of any such wa- 
terworks corporation, described in the first section of this 
act, existing at the time this act shall take effect, and all of 
the debts and obligations created by said board of waterworks 
in the management and operation of said properties and in 
the performance of its duties herein provided, shall be paid 
and discharged out of the property and rents, earnings and in- 
comes derived therefrom and coming into the hands of said 
board, and such city of the first class shall not be liable 
as a municipal corporation for any such debts or obligations. 


9. Said board of waterworks shall have the authority to 
borrow money and execute the necessary writings therefor, 
not to exceed the gross receipts for the current year, for 
the purpose of providing for any of the obligations of said 
waterworks corporation and for the current expenses of said 
board, and in addition thereto, whenever said board shall 
deem it expedient to provide for the refunding of any out- 
standing bonds of such waterworks corporation, or the fund- 
ing of its floating indebtedness, it shall have the authority— 
the commissioners of the sinking fund of such city having first, 
by resolution, consented thereto—to issue for either or both 
of said purposes, the bonds of such waterworks corporatiom 
not to exceed in amount the sum of one millian ($1,000,000) 
dollars, in denominations of one thousand ($1,000) dollars each, 
to mature not exceeding forty years from date, bearing in- 
terest at a rate not to exceed four per cent. per annum, 
payable semi-annually, such interest to be evidenced by cou- 
pons attached, said bonds to be signed by the president and 
secretary of said board, and said coupons to be evidenced 
by the engraved signature of the secretary, and to secure the 
said bonds, with the coupons so attached, by a mortgage upon 
the rights, privileges, franchises and property of said water 
works corporation. Said bonds when so issued shall be placed 
with and sold by the commissioners of the sinking fund at 
a price not less than their face value, and the proceeds ap 
plied by said commissioners to the purposes for which the 
bonds were issued. It shall be the duty of said board of 


CITIES OF THE FIRST CLASS. SO7 


waterworks ‘to provide, at any time any such bonds are 
issued, for a sinking fund, which shall be sufficient to pay said 
interest coupons, and to retire the principal of said bonds at 
maturity, which sinking fund shall be deposited by said board 
with the commissioners of the sinking fund of such city to 
be invested, managed, controlled and applied by said com- 
missioners for the payment of the interest and principal of 
the bonds so issued, the total bonded debt upon said property 
outstanding at any time shall not exceed one million five hun- 
dred thousand ($1,500,000) dollars. 


10. Said board of waterworks shall have the authority to 
establish and enforce such reasonable rules and regulations 
for its own government; including the signing and execution 
of the contracts referred to in section 5 of this act as it may 
deem expedient: Provided, however, That said board shall 
make quarterly a financial statement, showing its liabilities, 
receipts and expenditures, and deliver a copy thereof to the 
general council of the city, same to be spread on its min- 
utes. 


11. All acts and parts of acts inconsistent herewith, 
whether contained in general or special statutes, are hereby 
repealed. 

12. This act shall constitute and be known as section 3024a, 
of aaa 28, of the Kentucky Statutes. (Approved March, 
1906. 


The validity of the above section was sustained in the case of 
Kirch et al. v. City of Louisville, 101 S. W., 373; 30 R., 1356. 


808 AN ACT FOR THE GOVERNMENT OF 


SUBDIVISION XXIX. 
Liquor Licenses. 


§ 3025. One form of license—amount of tax. There shall 
be only one form of license for the retailing of liquor. The 
tax to be paid therefor shall be determined by the general 
council, but it shall not be less than one hundred and fifty 
dollars nor more than one thousand dollars. 


§ 3026. Authorizes sale of vinous, spiritous, or malt liquors. 
This license shall authorize the sale of vinous, spirituous or 
malt liquors, and shall be called the ‘‘liquor license.’’ 


§ 3027. Retail and wholesale dealers—who deemed. Any 
person who sells liquor in quantities less than five gallons shall 
be deemed a retailer of liquor; but wholesale liquor dealers 
may, without being treated as retailers of liquor, sell a case of 
liquor bottled, and containing not less than two (2) gallons, 
to non-residents of the city, for consumption outside of the 
city. 


§ 3028. Druggists and apothecaries—sale as medicine—pre- 
scription. Druggists and apothecaries may, without a license, 
sell unmixed alcohol or admixtures of wine, alcoholic, spirit- 
uous or brewed liquors in the preparation of medicine, or upom 
the written prescription of a regular practicing physician; but 
no druggist or apothecary shall sell or keep for sale any prepa- 
ration or mixtures thereof as a beverage. Said druggists and 
apothecaries must require a separate written prescription for 
each sale of liquor by them. Any druggist or apothecary who, 
by subterfuge or device of any kind—by giving away lquor, 
or otherwise—seeks to evade the provisions of this act, shall 
be both fined and imprisoned, as may be prescribed by 
ordinance. 


§ 3029. License for one year—transfer—surrender—deduc- 
tion for unexpired term. A license granted shall be good for 
only one year, and shall not be transferable without the con- 
sent of the license board. Upon the surrender of a license, the 





§ 3029. A person whose license unearned portion of the license 
has been revoked by the License fee. City of Louisville v. Cain, 
Board for selling liquor in vio- 119 S. W., 768. 
lation of law cannot recover the 


CITIES OF THE FIRST CLASS. S09 


board shall make a reasonable allowance for the unexpired 
term. <A license granted shall be good only for one year, and 
shall not be transferable without the consent of the license 
board and the payment of five per cent. on the original cost of 
license: Provided, however, The oirginal license shall be sur- 
rendered, or if lost or destroyed, the person, firm, or corpora- 
tion to whom it is issued shall make affidavit that said origi- 
nal license has been lost or destroyed, and can not be produced. 
The affidavit shall be filed with the treasurer and secretary of 
the sinking fund. 


§ 3030. License board—who constitutes—chairman and 
secretary. The judge of the city court, the chairman of the 
board of public safety, and the president of the commissioners 
of the sinking fund shall constitute the license board. The 
judge of the city court shall be the chairman, and the secre- 
tary of the sinking fund shall be ez officio secretary. 


§ 3031. Application for license, or for its transfer—how 
and when made. Any person desiring to obtain a liquor license, 
by original application or by transfer, shall file an application 
for such license before the secretary of said board thirty days 
before the same may be issued to him. This application shall 
be sworn to by him, and by ittwo reputable voters of the pre- 
cinct in which he desires the right to retail liquors. ‘Said 
application shall show the following facts, that the applicant 
is of temperate habits and of good moral character; that he 
is a housekeeper in the city; and he has not within five years, 
kept a disorderly house or been convicted of any crime; and 
he shall execute and file with the license board a bond, with 
good sureties, the owners of property in the city subject to 
execution worth not less than five hundred dollars, conditioned 
that he will not violate the requirements of the law. 


§ 3032. Application to be published—remonstrance. The 
secretary shall cause to be twice published in the newspaper 
doing the official printing of the city a list of the applicants 
for licenses, with the location of the business. Any person de- 
siring to object to the granting of a license to any applicant 
may file a remonstrance with the secretary of said board 
within two weeks after said publication, and thereafter said 








—_—__—_—_——~. 


§ 3031. Where a bond given no recovery can be had upon 
by a liquor dealer pursuant to such bond %y the city. City of 
this section does not state the Louisville v. Cain, 119 S. W., 
sum to be incurred as a penalty, 763. 


810 AN ACT FOR THE GOVERNMENT OF 





application and the remonstrance, and any evidence offered 
by either party in support thereof, shall be considered by said 
license board in open meeting at such time and place as may 
have been fixed by said board. 


§ 3033. Qualifications of applicant—when license refused. 
No license shall be granted to any person who has not the 
qualifications above described. No license shall be granted 
to retail liquor in any precinct, if, in the opinion of the board, 
the retailing of liquor at the place named will be injurious to 
the people thereof, or if a majority of the voters of the precinct 
registered at the last annual registration remonstrate against 
the granting of the same. An appeal may be had to the 
circuit court, as is provided in the following section. 


§ 3034. When board may revoke license—appeal. Any 
license granted by said board may be revoked by it, after an 
open trial, with due notice to the licensee, whenever, in the 
judgment of said board, the licensee has conducted a disorderly 





§ 30338. Liquor license—appeal 
—practice. The provisions of this 
statute, sections 3033, 3034, al- 
lowing an appeal to the circuit 
court, are valid, and an appeal 
may be taken from the judgment 
of the circuit court to the court 
of appeals. On the trial of an 
appeal in the circuit court no ev- 
idence should be heard except 
that introduced before the license 
board. Thompson y. Koch, 98 
Ky., 400; 17 R., 941. 


§ 3034. The city or Louisville 
is entitled to be present by coun- 
sel and assist the Common- 
wealth’s Attorney in an appeal 
from a decision of the License 
Board revoking a license. Com- 
monwealth v. Campbell, 107 S. 
Dt dereh Rin 

The action of the license board 
of a city in granting a liquor li- 
cense to one guilty of keeping a 
disorderly house does not wipe 
out the offense, and the board 
may subsequently refuse a li- 
cense on that ground. 

That a saloon-keeper kept a 
disorderly house by permitting 
disorderly persons engaged in 


frauds on election day to assem- 
ble about his place of business 
did not justify a rejection of his 
subsequent application for a li- 
cense; the keeping of a disorder- 
ly ‘house on one day not being 
evidence that a disorderly house 
was kept within the statute. City 
of Louisville v. Hendricks, 116 
8. (We late 

The decision of the License 
Board denying an application for 
a liquor license is entitled to 
great weight, and unless its dis- 
cretion has seen abused, the 
court on appeal should not re- 
verse it. City of Louisville v. 
Gagen, 116 S. W., 745. 

Where the applicant for a li- 
cense had occupied certain prem- 
ises in the business portion of the 
city as a saloon for ten years and 
the premises had been used for 
saloon purposes for fifty years, it 
was an abuse of discretion to de- 
ny the petitioner’s application 
for a new license because a 
church had been constructed in 
the meantime on the opposite 
side of the street. City of Louis- 
ville v. Gagen, 118 S. W., 947. 


CITIES OF THE FIRST CLASS. Sit 


house, or violated the law with respect to the sale of liquor, 
and either party who shall feel aggrieved by the decision of 
the board may have an appeal to the circuit court. 


§ 3035. Prepayment of license required. Every license 
shall be paid for by the applicant before the license is issued, 
but after his application has been approved by the board. 


§ 3036. Deposit by applicant—what license shall specify— 
exhibit of license. The applicant, before filing his petition with 
the secretary, shall deposit the sum of five dollars with the 
city treasurer, which sum shall be in addition to the amount 
paid for the license, and he shall obtain from the city treasurer 
a receipt therefor, and shall file said receipt with his applica- 
tion. A report showing the sums so received shall be made 
by the city treasurer and secretary of the board to the comp- 
troller. The certificate of ‘‘liquor license’’ shall be kept hung 
up in some conspicuous place in the room where liquors are 
sold, at all times plainly exposed to public view. Every license 
shall specify by name the person, firm, or corporation to whom 
or to which it shall be issued, and shall designate the particu- 
lar place at which the business shall be carried on. 


§ 3037. Failure to pay license after application approved. 
If an applicant do rot pay the requisite sum for his license 
within ten days after his application has been approved, due 
notice of which shall have been given him, no license shall 
thereafter be granted him on said application. 


§ 3037a. Owner excavating to protect adjacent property. 
That whenever the owner of a lot in a city of the first class 
proposes to excavate upon such lot to a depth greater than 
ten feet below the top of the curbstone of the sidewalk ad- 
joining such lot, or to cause an excavation to be made on 
such lot to a depth greater than ten feet below the top of 
such curbstone, the owner so proposing to excavate or to cause 
an excavation to be made shall, at his own expense, protect 
any wall on adjoining land on or near such excavation from 
injury from such excavation, if the necessary license is af- 
forded him to enter upon such adjoining land for that pur- 
pose, ihe not otherwise. (This section is an act of March 21, 
1906. 


812 AN ACT FOR THE GOVERNMENT OF, 


SUBDIVISION XXX. 
Sewerage Commission. 


§ 3037b. 1. Sewerage commission — qualifications — term. 
The mayor of any city of the first class may appoint four per- 
sons who, with the mayor as a member ex officio, shall con- 
stitute a sewerage commission. Of such appointees two shall 
be members of the Demoratic party and two members of the 
Republican party. Each appointee shall be at least twenty-five 
years of age and reside within the city, and be the owner in 
his own right of real estate. No officer or emplove of said city, 
whether holding a paid or unpaid office, shall be eligible for 
appointment to the said commission. Such appointees shall 
be subject to the approval of the board of aldermen. The 
term of office shall be four years, but if the work herein pro- 
vided for is sooner completed, such term of office shall expire 
at such completion. Vacancies shall be filled for the unexpired 
term in the same manner as the original appointment. 


2. Powers of commissions—officers—salaries. The persons 
appointed as provided in the first section shall constitute a 
body corporate under the name of the Commissioners of Sewer- 
age of Louisville, and shall have a capacity to contract and ve 
contracted with, to sue and be sued in that name, and to adopt 
a seal and alter the same at pleasure. Said commisison shall 
elect a chairman from the appointed members. It shall also 
elect, by unanimous vote, a chief engineer, not a member of 
the commission, but such chief engineer shall be removable at 
the pleasure of the majority of the commision. It shall also, 
by unanimous vote, elect a secretary and treasurer, not a 
member of the commission, who shall hold the combined office 
at the pleasure of a majority of the commission. The com- 
mission may appoint such clerks, agents or assistants as it may 
deem expedient and fix their compensation. The chief en- 
gineer shall give his entire attention to the affairs of the 
commission and shali receive as compensation a salary to be 
fixed by the general council, not exceeding five thousand dol- 
lars per annum. The appointed members of the commission 
shall each receive a salary, to be fixed by the general council, 
not exceeding three thousand dollars per annum for the chair- 
man and fifteen hundred dollars per annum for each of the 
others. The secretary and treasurer shall receive a salary, to 


be fixed by the commission, not exceeding twenty-five hundred 


dollars per annum. 





CITIES OF THE FIRST CLASS. 818 


3. Map of city. It shall be the duty of the commission to 
cause to be made a topographical map of the city and such 
parts of the county adjoining the same as may be necessary. 
It shall also employ two skilled consulting engineers who, with 
the chief engineer of the commission, shall report to the com- 
mission several systems, and among them what they consider 
the best system, for the construction, maintenance and opera- 
tion of a comprehensive system of sewerage for the city, hav- 
ing in view the growth of the city and the extension of its 
boundaries, and they shall also report the estimated cost of 
each system. The commission shall have the power to pay for 
‘the making of such map and also to pay to the consulting en- 
gineers such reasonable compensation for their services and 
expenses as the commission may determine. 


4. Bond of certain officers. The chairman, chief engineer 
and secretary and treasurer of the commission shall each give 
bond, with approved surety, in such sum as may be fixed 
by the commission, which bond shall be payable to the com- 
mission and oblige the makers thereof to perform faithfully 
the duties of their several offices, and faithfully account for 
any pay over all money or other thing of value which may 
come into their several hands. 


5. Report of most desirable system to be made. When the 
commission shall have determined what system of sewerage is 
the most expedient to be adopted, it shall report the same, as 
well as the other proposed systems, to the mayor, giving a 
description of the general plan of each of the various sys- 
tems of construction proposed, and the probable cost of each. 
The mayor shall lay this report before the general council and 
_the system recommended by the commission shall be adopted 
and earried out by the commission, unles the system recom- 
mended by the commission shall, within thirty days after it 
has been received by the general council, be rejected and dis- 
approved by a two-thirds vote of all the members of each board 
of the general council, each of said boards sitting separately. 
If said system so recommended by the commission be so 
rejected by the general council, then at any time within thirty 
days thereafter one or the other of the naternative systems 
presented as aforesaid to the general council may be con- 
sidered by it, and of these systems the one shall finally be 
adopted which shall be approved by a two-thirds vote of all 
the members of each board of the general council, each of said 
boards sitting separately, and if none of the systems so sub- 
mitted receive the necessary two-thirds vote within thirty days 
after the one recommended by the commission has been re- 


Si4 AN ACT FOR THE GOVERNMENT OF 


jected as aforesaid, then said commission, with the approval 
of the mayor, shall have the right to choose a system and 
earry it out. The general council shall have no power to vary 
any system proposed and presented by the commission, but 
must adopt one of those reported, in its entirety. 


6. Power of commission. Said commission shall have full 
power and authority to carry out the purposes of this act, 
among which powers shall be the following; that is to say: 


(1) To make all such preliminary investigations and to do 
all such preliminary work as should, in its Judgment, precede 
the ateual projection, construction and establishment of a sys- 
tem of sewerage. 


(2) To construct and establish all such local, district, lat- 
eral, intercepting, outfall or other sewers and all such con- 
duits, drains and pumping or other plants, and all such build- 
ings, structures, works, apparatus or agencies, and to lay all 
such mains and pipes within the said city or in the county in 
which such city is located, as it may deem expedient for 
carrying said system of sewerage projected and adopted into 
full effect. 


(3) To incorporate with said system of sewerage or other- 
wise utilize for the purpose of this act, so far as it may deem 
expedient, any or all public sewers or drains, including storm 
water sewer and drains, and any and all of their appurten- 
ances, either in their present condition or with such repairs, 
modifications or changes as said commission may see fit to 
make, and to enlarge or extend or to condemn, close up, 
abolish or destroy, in its discretion, any or all of such exist- 
ing public sewers or drains, or to alter their functions or to 
increase their burdens, as it may think best. 


(4) Besides the chief engineer, the commission may ap 
point or employ such other professional or technical advisers 
and experts and such agents, assistants, clerks, employes and 
laborers, skilled or unskilled, of all kinds, as it may deem 
requisite for the due and proper execution of the duties de- 
volved upon it by this act, and may fix their respective coim- 
pensation and remove or discharge them at pleasure, and may 
exact from any of its officers or employes such indemnity bonds 


for the proper performance of their respective duties as it 
may deem proper. 


(5) To establish and enforce such reasonable rules and 
regulations for its own government and for the supervision, 





CITIES OF THE FIRST CLASS. 815 





protection, management and conduct of its work as it may 
deem expedient. 


(6) To make and enter into, in its name, any and all con- 
tracts, agreements or stipulations germane to the scope of its 
duties and powers under this act. 


(7) To purchase, hire or otherwise obtain the use of all 
such machinery, tools, implements, supplies, appliances, ma- 
terials and working agencies as it may need for its purposes. 

Provided, That this enumeration of special powers in the 
subdivisions of this section shall not be construed as restrict- 
ing in any degree the scope of the general powers hereinbefore 
eonferred upon the commission. 


7. Land may be acquired. Said commission may acquire, 
by gift, purchase or lease, or by condemnation, any land or 
property situated wholly or partly within the city or with- 
in the county in which such city is located, or any interest, 
franchise, easement, right or privilege therein which may be 
required for the purpose of constructing, establishing, main- 
taining and operating such sewerage system. The method of 
condemnation of property shall be the same as that provided 
for the condemnation for appropriate municipal purposes by 
cities of the first class. 


8. Removal of obstructions. All individuals or corpora- 
tions having buildings, structures, works, conduits, mains, 
pipes, tracks, or other physical obstruction in, over or upon 
the public streets, lanes, alleys, or highways, which shall in- 
terfere with or impede the progress of said sewerage system 
when in process of construction and establishment, shall, upon 
reasonable notice from said commision, promptly so shift, ad- 
just, accommodate or remove the same, at their own cost and 
expense, as fully to meet the exigencies occasioning such ac- 
tion, and the general council shall have full power, by ordi- 
nance, to prescribe the penalty for such failure. 


9. Contracts—how awarded. All work done or supplies or 
material purchased in carrying out the purposes of this act, 
when involving an expenditure of five hundred dollars or more, 
shall be by contract awarded to the lowest and best bidder; 
but the commission, with the consent of four of the members, 
may itself do any part or parts of such work under such 
conditions as it may prescribe, by day labor, whenever the 
chief engineer, in writing, shall recommend that course. All 
bids, or parts of bids, for any such work or supplies of ma- 
terials may be rejected by said commission. 


Si6 AN ACT FOR THE GOVERNMENT OF 


10. Completed work to be turned over to Board of Public 
Works. And when any portion of said sewerage system shall 
be complete and ready for active operation, the commission 
shall restore the street, alley or other public way through 
which said completed work extends, to its original condition 
as near as practicable, and then notify the board of public 
works and turn over said completed portion to such board, 
and the same shall thereafter be under the exclusive control of 
said board of public works. 


11. Election to authorize tax—bonds. In order to provide 
money for the projection, construction and establishment of 
said sewerage system, the general council may adopt an ordi- 
nance submitting to the voters of the city, at the November 
election, 1906, the question whether bonds of the city shall 
be issued for the purpose of carrying out the work herein 
provided for. The ordinance shall provide the date and matur- 
ity of such bonds, the rate of interest they shall bear and 
the total amount to be issued, which shall not exceed four 
million dollars; and the ordinance shall also contain the neces- 
sary details in reference to the execution and delivery of said 
bonds, their denominations, coupons to be annexed, tax to 
be levied to pay the interest and a sinking fund to retire such 
bonds at maturity. Said ordinance for the submission of the 
question of issuing bonds to the people may be adopted by the 
general council either prior or subsequent to the selection of 
the system to be used in the construction of said sewerage 
system. 


12. Bonds—concerning. If the voters of the city shall de- 
termine that such bonds shall be issued, they shall, when 
so issued, be placed under the control of said commission, who 
shall determine when and at what price and how they shall 
be sold: Provided, That no such bonds shall be sold for less 
than par: and provided further, That any premium which may 
be obtained from said bonds shall constitute a part of the 
sinking fund for their ultimate retirement. As the said bonds 
are sold, their proceeds shall go to the credit of the commis- 
sion in the same depositaries which are selected for the de- 
posit of the funds of the sinking fund commissioners of the 
city, and upon the same agreement as to interest, and shall 
be withdrawn only upon the checks of the secretary and trea- 
urer of the commission, countersigned by the chairman, ac- 
companying a voucher approved by the chief engineer. 


13. Disbursements—concerning. All disbursements of the 
commision, including compensation to its members or officers, 


CITIES OF THE FIRST CLASS. S17 


engineers, agents, and others employed by it, shall come out 
of the proceeds of the sale of the said bonds; providel, how- 
ever, that the commission shall have the right to borrow 
enough money to defray the habilities incurred by it up to 
the time it shall receive such proceeds, and in the event that 
the voters of the city shall reject the said ordinance, then 
the city shall be responsible for the repayment of all money 
so borrowed, and provided that in the event the said ordinance 
to be submitted to the people is not adopted by them, then on 
the first day of December, 1906, the powers herein granted to 
the said commission shall cease and the said commission shall 
stand dissolved. 


14. Property of commission to vest in city. Upon the disso- 
lution of the said commission, as provoded in section 13, or 
upon its dissolution growing out of its completion of the 
work and the consequent ‘expiration of the terms of the 
members of the commission, all property, real, personal and 
mixed, franchises, easements, maps, plans, books, and papers 
shall, by operation of law, and whether acquired by gift, 
purchase, condemnation or any other method, vest in and be- 
come the property of the city, and all money ‘then in the 
hands of the commission shall be by it turned over to the 
eity to be used first to defray any liabilities which have been 
incurred by the commission, and, second, the balance, if any, 
to be paid into the hands of the commissioners of the sink- 
ing fund of such city, to be used by them as a sinking fund 
for the bonds hereinbefore provided for. 


15. Board of Public Works—concerning. Section 2825, 
Kentucky Statutes, vesting a certain exclusive control in the 
board of public works, shall, ito the extent that it conflicts with 
this act, stand repealed; Provided, That such exclusive control 
of the board of public works shall attach and thereafter con- 
tinue as provided in section 10 of this act. (This section is an 
act of February 19, 1906.) 


818 AN ACT FOR THE GOVERNMENT OF 


SUBDIVISION XXXT. 
Tuberculosis Hospital. 


§ 3037¢c. 1. Board of. That in counties in this Common- 
wealth which contain a city of the first class, there shall be 
created a board to be composed of ten persons, which shalk 
be a body-politic and corporate, and shall be known as the 
‘‘Board of Tuberculosis Hospital,’’ and in which name it may 
sue and be sued. 


2. Mayor to appoint. The members of said board shall be 
appointed by the mayor of the city and shall serve without 
compensation, and the mayor shall be ex officio a member of 
said board, and said members shall be appointed for a term 
of four years. 


3. Powers of board. Said board shall have the power to 
organize and elect officers, rent or purchase, or-to erect, and 
to conduct and maintain a suitable hospital and ground for 
the treatment of persons afflicted with tuberculosis, and to 
make all needful rules and regulations, with references to the 
admission and discharge of patients and the conduct of the 
affairs of the hospital, which, in their judgment, seem proper, 
provided such regulations be not in conflict with the law. 


4. Vacancies in. The mayor of the city shall have power 
to fill any vacancies which may occur in the membership of 
such board through death, resignation or otherwise, by ap- 
pointing some other person to fill out the unexpired term of 
such person as may have retired from the board during the 
term for which he was appointed. 


5. Tax to support. For the purpose of meeting the expenses 
necessary to carry out the purpose of this act, the fiscal court 
of the county and the municipal board of the city in which 
such board shall exist are authorized, empowered and directed 
each to levy a tax not to exceed two cents and not less than 
one-half a cent on the one hundred dollars of taxables in 
their respective cities and counties, and the sums derived from 
said taxation are to be paid over to the said board for the 
purposes herein set forth. (This section is an act of March 
17,1906.) 


™ 


CITIES OF THE FIRST CLASS. 819 





SUBDIVISION XXXII. 
Franchises—Sale of. 


§ 3037d. 1. Provision for. That eighteen months before 
the expiration of any franchise acquired under, or prior to 
the present Constitution, it shall be the duty of the proper 
legislative body or boards to provide for the sale of a similar 
franchise to the highest and best bidder, on terms and con- 
ditions, which shall be fair and reasonable to the public, 
to the corporation, and to the patrons of the corporations. 

Provided, That if there is no public necessity for the kind 
of public utility in question, and, if the municipality shall de- 
sire to discontinue entirely the kind of service in question, 
then this section shall not apply. 


2. City may purchase public utility plant. If the munici- 
pality shall desire to own or operate, on public account, the 
utility in question, and shall take the steps necessary thereto 
within two years after the passage of this act, or within two 
years before the expiration of the franchise, and shall offer 
to purchase at a fair valuation, the plant of the company 
which is then rendering the service, then the municipality shall 
be under no obligation, by reason of this act, to sell or re- 
mew or to continue the franchise in question. 


3. Value—how fixed. The fair valuation of the plant shall 
be determined by three persons; one to be selected by the 
municipality, one to be selected by the owners of the plant 
to be valued, and the third to be selected by these two. The 
plant shall be valued as a going concern, but no allowance 
shall be made for future growth. 


4. Quality and price of service—deposit and bond of bidder. 
The terms and conditions mentioned in section one of this 
act shall specify the quality of service to be rendered and 
the price which shall be charged for the service. 

Each person desiring to bid for such franchise shall first 
deposit with the proper officer of the municipality cash or 
duly certified check, equal to five per cent. of the fair esti- 
mated cost of the plant required to render the service, which 
check or cash shall be forfeited to the municipality in case 
the bid should be accepted and the bidder should fail, for 
thirty days after the confirmation of the sale to pay the 
price bid and to give a good and sufficient bond, in a sum 
equal to one-fourth of the fair estimated cost of the plant to 
be erected. Said bond shall be so conditioned that it shall be 


820 AN ACT FOR THE GOVERNMENT OF 


enforcible, in case the party giving it shall fail, within a rea- 
sonable time, to establish a suitable plant for rendering the 
service and begin rendering the service in the manner set forth 
in the said terms and conditions. 


5. Exclusive franchise not to be granted. No exclusive 
privilege shall be acquired under this act, nor shall the sale 
of a franchise to one person or corporation prevent subsequent 
sale of a similar franchise to another person or corporation. 


6. Applies only to first class cities. This act shall apply 
only to cities of the first class. (This section is an act of 
March 22, 1904.) 


BOARD OF CHILDREN’S GUARDIANS. 


Appointment of Board in Counties Having Cities of First 
Class. 


(Act of December 17, 1892.) 


§ 2008. That in all counties of this Commonwealth in 
which there may be a city of the first class there shall be 
created a board to be composed of six persons, two of whom 
shall be colored, which board shall be a body politic and cor- 
porate, and shall be known as the board of children’s 
guardians of said county, andiin such name may sue and be 
sued. The members of said board shall be appointed by the 
judge of the city or police court, and shall serve without com- 
pensation, and the eity or police judge shall be, ex-officio, 
member of said board. Two members of such board shall serve 
one year, when their successors shall be appointed, who shall 
serve three years; two members shall serve two years, and their 
successors shall be appointed, who shall serve three years; 
and two members shall serve three years, and their successors 
shall be appointed, who shall serve three years; and annually 
thereafter there shall be appointed two members, who shall 
serve three years. 


Powers and Duties of Board—Provision for Temporary 
Homes. 


§ 2009. Said board shall have the care and supervision of 
all neglected and dependent children under sixteen years of 
age in the county for which they were appointed, and shalk 


CITIES OF THE FIRST CLASS. Sof. 


have the power to take under their care and control, in the 
manner hereafter specified, any children  abandoned,. 
neglected, or cruelly treated by their parents; children beg- 
ging on the streets; children of habitually drunken or unfit. 
parents; children kept in vicious or immoral associations;. 
ehildren known by their language and life to be vicious or 
incorrigible; all children of parents living together in unlaw- 
ful cohabitation. Said board shall provide a temporary home,. 
where such children as may be committed to their care may 
be suitably and comfortably maintained and educated, special. 
attention being given to their moral training. They shall have 
the power, by leave of the judge of said court, to commit such. 
children to orphan asylums, industrial schools, or State re- 
formatory, or, under the order of any court having jurisdic- 
tion, said children may be indentured as apprentices, or may,. 
by the consent of said board filed in the circuit court, be 
adopted without the consent of the parents of said child; or 
such children may be in any manner disposed of by said board: 
as the said court, upon written petition, shall direct; Provided, 
That in committing children to the Industrial Schoof of Re- 
form, the court shall be governed by the law regulating com- 
mitment to that institution in every particular and that law 
shall not be deemed to be repealed, in any part, by this act: 
And provided, further, that in all indentures of apprentice- 
ship made under this act special provision shall be made for 
the moral training of such apprentice, and said board shall 
have full power, and it shall be its special duty, to enforce 
such contract, see that the apprentice renders due obedience 
and service, and that his moral training and industrial educa- 
tion is not neglected, and that he or she is humanely treated.. 
and comfortably provided for. For such purposes the board 
shall at all times retain its powers as guardian of such infant. 
(See, further, as to care of children § 325.) 


Children When Taken From Parents—Petition in Police 
Court—Hearing of Petition. 


§ 2010. Whenever said board shall have probable cause to: 
believe that any child under sixteen years of age is abandoned, 
neglected or cruelly treated by its parents or parent, or is 
habitually sent out or permitted to beg in public places, or 
who lives by begging, or that the parent of any child is in 
constant habits of drunkenness or low or gross debauchery, 
or that the associations of such child are such as tend to its: 
corruption and contamination, or that such child is known by 
language and life to be vicious or incorrigible, or that the 


ROY AN ACT FOR THE GOVERNMENT OF 








parents of such child are living together in unlawful cohabita- 
‘tion, such board shall file a petition in the city or police court, 
setting forth such facts in regard to such child, and thereupon 
the court shall issue a writ for the custody of such child, 
which shall be served upon the parents or person having 
-actual custody or control of said child; or if such person is 
under no actual parental custody or control, then upon the 
child itself, and thereupon said board shall take and keep 
-said child at the temporary home of the said board until the 
final order of the court upon said petition; or said board may, 
‘in its discretion, place said child in the temporary custody 
-of some private individual until such final order of court. 
Notice of the time of hearing upon said petition shall be 
‘served upon the parents or person having the actual control 
-or eustody of said child, who shall have the right to call wit- 
n-sses and be heard as to his or her rights, fitness and ability 
‘to care for and educate such child. If the facts set forth in said 
petition shall be found by the court to be true, and any of the 
-aboves causes exist, it shall order that said child be committed 
to the custody of said board of children’s guardians, and if 
the parents of such child are able to maintain and support 
‘said child, it shall be the duty of the court to require them 
‘to pay the board, and the court shall have the authority, by 
attachment or other proceedings, as in cases of contempt, to 
enforce such payment. (See, further, as to care of children, 
§ 325.) 


Board Not Liable for Costs of Fees—Costs to be Paid by 
County. 


§ 2011. That in all cases in which said board of children’s 
‘guardiang is interested, or the filing of petitions, reports and 
‘proceedings for adopting wards of such board, no fee shall 
be taxed against said board by the clerk of the court, or the 
sheriff of the county, or any other officer; and said board of 
‘chlidren’s guardians shall not be liable for the payment of any 
‘court costs or witness fees; but all such costs as may be in- 
curred by such board in the discharge of the duties herein 
enjoined upon it shall be paid by the county wherein such 
peers shall be created out of the fund hereinafter provided 

or. 


Power of Circuit Court to Remove Members of Board. 


§ 2012. The circuit court of th county shall have power 
to remove any or all of said members of said board of chil- 


CITIES OF THE FIRST CLASS. Dee 


dren’s guardians for any misconduct or neglect of duty, upon 
a proper showig made in open court, after said member or 
members shall have been given a full opportunity to be heard. 
in their defense. 


Tax to be Levied to Meet Neessary Expenses. 


§ 2013. For the purpose of meeting the expenses necessary 
49 carry out the purposes of this act, the fiscal court of the 
county, and the municipal board of the city in which such. 
Loard shall act, are empowered to levy a tax not to exceed one 
cent on the one hundred dollars of taxables in their respective 
cities or counties. 


Duty of County and City Attorney. 


§ 2014. It shall be the duty of the county attorney to file 
all petitions, and to attend to all proceedings instituted by 
said board, and to prosecute the same to a final issue; and in 
his absence it shall be the duty of the prosecuting attorney of 
the city court to do so. — 


ORGANIZATION 
of the 


GENERAL COUNCIL 


The members of the Board of Aldermen and the Board of 
Councilmen are elected the first Tuesday after the first Mon- 
day in November, for a term of two years, and meet at their 
chambers for organization on the first Tuesday. succeeding 
the. election. At the organization the former clerk of each 
Doard calls the members to order and presides until a perma- 
nent president for the year shall have been elected. 

The clerk first proceeds to call the roll of members, and 
finding a quorum present, a judge or justice of the peace, or 
his honor, the Mayor, being present, the following oath, as 
prescribed by the State Constitution, is administered to the 
newly elected members: 

chad ER ae ane Sy Werte , do solemnly swear (or affirm, as the 
case may be) that I will support the Constitution of the 
United States and the Constitution of this Commonwealth, the 
charter and ordinanees of the city of Louisville, and be faith- 
ful and true to the Commonwealth of Kentucky so long as 1 
continue a citizen thereof, and that I will faithfully execute 
to the best of my ability the office of councilman [or alder- 
man] according to law and ordinance. and I do further sol- 
emnly swear (or affirm) that since the adoption of the present 
‘Constitution, I being a citizen of this State, have not fought 
a duel with deadly weapons within this State, nor out of it; 
nor have I sent or accepted a challenge to fight a duel with 
deadly weapons, nor have I acted as second in carrying a 
challenge, nor aided or assisted any person thus offending; 
and I do further solemnly swear that I possess the qualifica- 
tions prescribed by an act of the General Assembly, entitled 
“An act for the government of cities of the first class’ (ap- 
proved July 1, 1893), and that I am not subject to any dis- 
abilities which render me ineligible to hold the office for 
which I have been elected.’’ 

The next business in order, which is then announced by 
the clerk, is the election of a president for the ensuing year, 
nominations being declared in order. When the nominations 
shall have closed, the vete is taken viva voce, calling the roll 
of members. The clerk announces the result, and appoints a 
committee of two to conduct the president-elect to his chair. 


RULES OF THE BOARD OF ALDERMEN. 895 


The clerk then retiring, the president then announces the 
next business in order, the election of a clerk for the ensuing 
two years. A temporary clerk being appointed, the voting for 
a clerk is proceeded with in the same manner as for president, 
and the result being announced, the newly elected clerk as- 
sumes the duties of his office, and takes the same oath of 
office imposed upon the members of the General Council. 

In like manner two pages are elected. The president is 
authorized to request the chief of police to detail a policeman 
to act as sergeant-at-arms, whose duty it shall be to preserve 
erder in the lobby and enforce the orders of the president. 

The members of the Board of Councilmen occupy seats in 
the order of the wards represented by them. 

It is the custom to adopt the rules of the former council 
for the government of the current councils, until the rules 
shall have been revised and a new code adopted. 

A committee of two is next appointed to notify the other 
board that this board is organized, and a joint committee of 
two from each board is appointed to convey like information 
to his honor, the Mayor. 

It is the custom for the president to appoint the standing 
committees at the first meeting after the organization. 


RULES OF THE 


BOARD OF ALDERMEN. 


1. The president, with three members of the Board of 
Aldermen, shall be a sufficient number to abjourn, five to call 
a council and send for absent members, and make an order 
for their censure; and a majority of said board to proceed to 
business. 

2. The president shall take the chair at every meeting at 
the hour to which the council had adjourned at the preceding 
meeting. He shall immediately call the members to order, 
and, on the appearance of a quorum, he shall cause the journat 
of the preceding meeting to be read, and, when approved, 
shall at once be signed by the president, in the presence of 
the Board of Aldermen, before proceeding with any other 
business. 

3. He shall preserve order and decorum, and may speak to 
points of order in preference to other members without rising 
from his chair for that purpose. He shall decide questions 
of order, subject to an appeal to the Board of Aldermen, on 
the request of one member. 

4. The business of the board shall be— 

First—Reading of the minutes of the preceding meeting. 

Second—Communications from the Mayor. 

Third—New business, to be called by the roll, in regular 
order, until all the members are called. 

Fourth—Reports of Boards of Public Works and Public 
Safety and city officers. 

Fifth—Reports of standing committees. 

Siath—Reports from special committees. 

Seventh—Unfinished business. 

5. If the order of business is not gone through at any eee 
ing, it shall be the duty of the president to commence where 
ke left off at the previous meeting. 

6. Questions shall be distinetly put in this form, viz.: ‘‘AlL 
you who are of the opinion. that (as the question may be) say 
aye; you of the contrary say no.” 

7. If the president doubt, or if a division be ealled for, the 
aldermen shall divide. Those in the affirmative of the ques- 


ae 


RULES OF THE BOARD OF ALDERMEN. 897 
tion shall first rise from their seats, and afterward those in 
the negative. The president shall thereupon decide, subject 
to an appeal to the aldermen. 

8. The president shall vote upon all questions, and when 
the yeas and nays are called, the president shall be first 
called, and, if the aldermen be equally divided, the question 
shall be lost. 

9. The president shall have the right to name any member 
to perform the duties of the chair, but such substitution shall 
not extend beyond an adjournment. He may participate in 
debate when out of the chair. 

10. The aldermen, in the absence of the president, may ap- 
point some one of their members president pro tempore during 
said session, 

11. The president shall appoint the following standing 
committees, viz.: 

Finanee, revision, courts of justice, contracts, streets (Kast- 
ern district), streets (Western district), railroads, assessments, 
sewers (Eastern district), sewers (Western district), bonds, 
wharf, Police Department, Fire Department, court-house and 
city buildings, printing, gas and water, health, grievances. 
cemeteries, public charities, insurance, parks, street improve- 
ments, rules, charter amendments, and one member of joint 
committee on city buyer’s department. 


No committee shall sit during the session of the sea ath 
except the committee on revision, without leave of the board. 

12. The committees on revision, bonds, and contracts shall 
have the privilege to report at any time. 


13. No pay-roll or voucher will be entertained by the 
Board of Aldermen unless registered by the Comptroller on 
or before the day of the meeting of the General Council. 


t 


Debate. 


14. When a member is about to speak in debate, or deliver 
any matter to the Board of Aldermen, he shall rise and re- 
spectfully address himself to Mr. President. 


15. If any member, in speaking, or otherwise, transgress 
the rules of the Board of Aldermen, the president shall, or 
any member may, call to order such member, and any member 
so called to order, shall immediately sit down, unless per- 
mitted to explain; and the Board of Aldermen, if appealed to. 
shall decide on the case without debate. If the decision shall 
be in favor of the member called to order, he shall be at lib- 
erty to proceed; if against him, and the case requires it, he 
shall be liable to the censure of the Board of Aldermen. 


828 RULES OF THE BOARD OF ALDERMEN. 


16. When two or more members rise at the same time to 
speak, the president shall name the first to speak. 

17. No member shall speak more than twice on the same 
question without leave of the Board of Aldermen, nor more 
than once until every member of the Board of Aldermen : 
choosing to speak shall have spoken; and no member shall 
speak longer than five minutes without leave of the Board of 
Aldermen. 

18. While the president is putting a question or addressing 
the Board of Aldermen, none shall walk across or out of 
board; neither in such case, when a member is speaking, shall 
any entertain private discourse, nor while a member is speak- 
ing shall any pass between him and the president. 

19. Every member who shall be in the chamber when @ 
question is put shall vote upon one side or the other, unless 
the Board of Aldermen, for special cause, shall excuse him. 

20. When a motion is made and seconded it shall be stated 
by the president, or, being in writing, shall be handed to the 
chair, and read aloud by the clerk. Every miotion shall be 
reduced to writing, if the president or any member desires it. 

21. After a motion is stated by the president, or read by 
the clerk, it shall be considered in possession of the Board of 
Aldermen, but may be withdrawn at any time, before a de- 
cision or amendments, by the mover thereof. 

22. When a question is under debate, no motion shall be 
received unless to adjourn, for the previous question, to lay 
on the table, to postpone it, to commit it, to amend it, and each 
motion shall be decided in the order named. 

23. A motion to adjourn shall always be in order, unless 
the Board of Aldermen is engaged in voting, and shall be de- 
cided without debate. 

24. The previous question being moved and seconded, the 
question from the chair shall be: ‘‘Shall the main question 
be now put?’’ and if the nays prevail the main question shalh 
not then be put. But a refusal to sustain the previous ques- 
tion shall not bar the Board of Aldermen from proceeding 
forthwith to the consideration of the subject. The effect of 
the previous question shall be to put an end to all debate, 
bringing the Board of Aldermen to direct vote upon the 
amendments reported by a committee, if any, then upon pend- 
ing amendments, and then upon the main question, 

25. Any member may eall for the divsion of a question 
when the sense will admit of it. 

26. A motion for amendment, until it is decided, shall pre- 
elude all other amendments of the main question. 


RULES OF THE BOARD: OF ALDERMEN.. 829 


27. Motions and reports may be committed at the pleasure 
of the Board of Aldermen. 

28. No motion or proposition on a subject different from 
that under consideration shall be admitted under color of 
an amendment. 

29. In all cases of election there shall be a previous nom- 
ination by some member of the Board of Aldermen, or other 
officers authorized to do so. 

30. If a question pending be lost by adjournment of the 
Board of Aldermen, and revived on the succeeding meeting, 
no member who has spoken twice at the previous meeting on 
said question shall speak on said question again without leave. 


31. Petitions, memorials, and other. papers addressed to 
the Board of Aldermen may be presented by any member in 
his place, who shall briefly state to the board the contents 
thereof, which may be received, read, and referred on the 
same day to the appropriate committee. 

32. On a call of the board of aldermen for the yeas and 
nays on any question pending, the names of the members shall 
be called alphabetically, which call may be made at any time 
when a division or count. may be had. 

33. On the eall of the board of aldermen the door shall 
not be shut against any member until his name shall be twice 
called, and then the absentees shall be noted down by the 
clerk, 

34, A motion to proceed or dispense with the orders of 
the day, dispense with any rule of the board, to take up an 
ordinance or resolution out of its regular order, shall require 
a majority of two-thirds of the members elect; to commit or 
recommit shall be propounded without debate. A motion to 
reconsider a vote shall not be made after the next meeting of 
the board of aldermen at which such vote was adopted. All 
propositions, petitions, resolutions, ordinances or other matter 
connected with the city, shall be referred to the appropriate 
standing committees for consideration upon the request of 
any member, and reasonable time shall be given such member 
to be heard before such committee. __ 

35. The chairman of a committee to whom is referred any 
subject for investigation shall submit the report of the com- 
mittee at the next regular meeting of the board of aldermen, 
or within a reasonable time thereafter; and all reports, 
whether in favor of or against any matter referred, shall be 
in writing, if required by the president; and in all cases where 
the report is against the question referred, the reasons for said 


830 RULES OF THE BOARD OF ALDERMEN, 





report shall be given, but this rule shall not interfere with 
the right to move a reconsideration. | 

doa. That the rules be so amended as to provide that all. 
ecmmittees shall make their reports to the Board of Alder- 
men, whether upon ordinances, pay rolls or resolutions, in 
writing. In the event the report is unfavorable the reasons 
shall be given in full, but in case the report is favorable it 
shall be sufficient that the word ‘‘approved’’ be endorsea 
upon the ordinance, pay roll or resolution, but in any event 
the members of the committee making the report shall sign 
the same. (Amended by resolution of Board of Aldermen.) 

36. All propositions, ordinances, or resolutions which have 
been once rejected by the board of aldermen shall not be again 
introduced unless by special leave granted by a vote of a 
majority of the members elect. 


Ordinances. 


37. Every ordinance shall be read in full in each board. 

38. Upon reading of the ordinance the president shall 
state that it is ready for amendment or recommitment, and if 
there is no motion to amend or recommit, the question shall 
be on its passage. 

39. Upon the passage of any ordinance appropriating 
moneys, or the paving or grading of any street, alley, side- 
walk, or the digging or walling of any well or cistern in said . 
city, the yeas and nays shall be taken and recorded in full. 


Amending Rules. 


40. No standing rule or order of the board of aldermen 
shall be rescinded or changed, or new rules introduced, unless 
notice of the motion thereof had been given at the preceding 
meeting. 

41. No standing rule or order of the board of aldermen | 
shall be dispensed with unless two-thirds of the members elect 
concur therein. 

42. No ordinance or resolution for the expenditure of 
money will be entertained by this board after the appropria- 
tion for the purposes referred to in said ordinance or resolu- 
tion has been exhausted. 

43. No ordinance or resolution for the expenditure of 
money will be entertained unless the approximate cost is in- 
dorsed on same by the department to which it belongs, except 
by consent of two-thirds of the members elect. 


RULES OF THE BOARD OF COUNCILMEN. S3t 





44. No person, except members, city officers, or reporters 
for the city press, shall be admitted upon the floor of the 
chamber, unless permitted by a vote of the board of aldermen; 
nor shall there be any smoking within the chamber during the 
sitting of the board. It shall be the duty of the sergeant-at- 
arms to enforce this rule with such aid as may be necessary, 
to be detailed by the chief of police. 

45. No member shall leave the chamber without special 
leave being granted. 


Committee of the Whole. 


46. The board of aldermen may at any time resolve itself 
into a committee of the whole on the state of the city. 


47, In forming a committee of the whole the president 
shall leave the chair, and a chairman to preside in said com- 
mittee shall be appointed by the president. 

48. All amendments made to the original proposition in 
committee of the whole shall be incorporated with it, and so 
reported. } 

49. The rules of proceeding in the board of aldermen shall 
be observed in the committee of the whole so far as they are 
applicable. 

50. A motion for the rising of the committee shall always 
be in order unless a member is speaking, and shall be decided 
without debate. 

51. In the absence of a standing rule the board shall have 
reference to Cushing’s Manual. 


RULES OF THE 
BOARD OF COUNCILMEN. 


1. The president, with three members of the Board of 
Councilmen, shall be a sufficient number to adjourn, five te 
call a council and send for absent members, and make an or- 
der for their censure; and a majority of said board to proceed 
to business. 

2. The president shall take the chair at every meeting at 
the hour to which the council had adjourned at the preceding 
meeting. He shall immediately call the members to order, 
and, on the appearance cf a quorum, he shall cause the journal 
of the preceding meeting to be read, unless the reading thereof 
be dispensed with by vote of two-thirds of the members elect, 
and when approved shall at once be signed by the president, 
in the presence of the board of councilmen, before proceeding 
with any other business. 

3. He shall preserve order and decorum, may speak to 
points of order in preference to other members, without rising 
from his chair for that purpose. He shall decide questions of 
order, subject to an appeal to the board of councilmen on the 
request of one member. 

4. The husiness of the couneil shall be— 

First—Reading of minutes of preceding meeting. 

Second—Communications from the Mayor and other city 
officers. 

Third—Reports of standing committees for pay-rolls and 
vouchers. 


Fourth—Papers from the Board of Aldermen. 
ifth—Unfinished business. 

Sizth—Reports of standing committees. 

Seventh—Reports from special committees. 

Kighth—New business, to be called by wards, commencing 


at the Sixth and Seventh wards, alternately, in regular order, 
until all the wards are called. 

5. If the order of business is not gone through with at 
any meeting, it shall be the duty of the president to commence 
where he left off at the previous meeting. 





RULES OF THE BOARD OF COUNCILMEN. SB 


6. Questions shall be distinctly put in this form, viz.: ‘‘ All 
you who are of the opinion that (as the question may be) 
say aye; you of the contrary say no.” 

7. If the president doubt, or if a division be ealled for, the 
councilmen shall divide. Those in the affirmative of the ques- 
tion shall first rise from their seats, and afterward those in 
the negative. The president shall thereupon decide subject 
to an appaal to the noard 

8. The president shall vote upon all questions, and whem 
the yeas and nays are called, the president shall be first called... 
and, if the councilmen be equally divided, the question shall 
be lost. 

9. The president shall have the right to name any member 
to perform the duties of the chair, but such substitution shall 
not extend beyond an adjournment. He may particiapte in. 
debate when out of the chair. 

10. The councilmen, in the absence of the president, may 
appoint some one of their members president pro tempore 
during said session. 

11. The president shall appoint the following standing 
committees, viz.: 

Finance, revision, courts of justice, contracts, streets. 
(Eastern district), streets (Western district), railroads, as— 
sessments, sewers (Eastern district), sewers (Western dis- 
trict), bonds, wharf, Police Department, Fire Department, 
city buildings, printing, gas and water, inspector of buildings, 
health, grievances, cemeteries, public charities insurance, 
parks, engineers, street improvement, rules, charter amend- 
ments, and two members of joint committee on city buyer’s. 
department. 

No committee shall sit during the session of the council,. 
except the committee on revision, without leave of the council. 

12. The committee on revision, bonds, and contracts shall. 
have the privilege to report at any time. 

13. No pay-roll or voucher will be entertained by the 
Board of Councilmen if not registered on or betore the second! 
day preceding the meeting of the General Council. 


Debate. 


14. When a member is about to speak in debate, or de-- 
liver any matter to the Board of Councilmen, he shall rise 
and respectfully address himself to Mr. President. 

15. If any member, in speaking or otherwise, transgress 
the rules of the Board of Councilmen, the president shall, or- 


C34 RULES OF THE BOARD OF COUNCILMEN. 


any member may, call to order such member and any member 
-so called to order shall immediately sit down unless permitted 
to explain; and the Board of Councilmen, if appealed to, shall 
“decide on the case without debate. If the decision shall be in 
favor of the member called to order, he shall be at liberty to 
proceed; if against him, and the case requires it, he shall be 
‘lable to the censure of the Board of Councilmen. 

16. When two or more members rise at the same time to 
“speak, the president shall name the first to speak. 

17. No member shall speak more than twice on the same 
-Guestion without leave of the Board of Councilmen, nor more 
than once until every member in the Board of Councilmen 
choosing to speak shall have spoken; and no member shall 
-speak longer than five minutes without leave of the Board of 
Councilmen, | Ny 

18. While the president is putting the question or address- 
ing the Board of Councilmen, none shall walk across or out 
~of the council; neither in such case, when a member is speak- 
‘ing, shall any entertain private discourse, nor while a member 
is speaking shall any pass between him and the president, 

19. Every member who shall be in the council chamber 
~when a question is put shall vote upon one side or the other, 
sunless the Board of Councilmen for special cause, shall excuse 
thim. 

20. When a motion is made and seconded, it shall be stated 
Yby the president, or, being in writing, shall be handed to the 
chair and read aloud by the clerk. Every motiom shall be re- 
«duced to writing if the president or any member desires it. 

21. After a motion is stated by the president or read by 
the clerk, it shall be considered in possession of the Board of 
Councilmen, but may be withdrawn at any time, before a de- 
cision, or amendments, by the mover thereof. 

22. When a question is under debate, no motion shall be 
weceived unless to adjourn, for the previous guestion, to lay 
«on the table, to postpone it, to commit it, to amend it, and 
each motion shall be decided in the order named. 

23. A motion to adjourn shall always be in order, unless 
the Board of Councilmen is engaged in voting, and shall be 
«decided without debate. 


24. No explanation of any vote shall be permitted pending 
-the call of the yeas and nays on an undebatable question. 

25. The previous question being moved and seconded, the 
question from the chair shall be: ‘‘Shall the main question be 
now put?’’ and if the nays prevail, the main question shal? 
mot then be put. But a refusal to sustaim the previous ques- . 


RULES OF THE BOARD OF COUNCILMEN. 835 


tion shall not bar the Board of Councilmen from proceeding: 
forthwith to the consideration of the subject. The effect of 
the previous question shall be to put an end to all debate, 
bringing the Board of Councilmen to a direct vote upon the 
amendments reported by a committee, if any, then upon pend-. 
ing amendments, and then upon the main question. 

26. Any member may eall for the division of a question: 
when the sense will admit of it. 

27. A motion for amendment, until it is decided, shall pre- 
clude all other amendments and the main question. 

28. Motions and reports may be committed at the pleasure- 
of the Board of Councilmen. 

29. No motion or proposition on a subject different from. 
that under consideration shall be admitted under color of an 
amendment. 

30. In all cases of elections there shall be a previous nom-- 
ination by some member of the Board of Councilmen or other 
officers authorized to do so. 


31. If a question pending be lost by adjournment of the 
Board of Councilmen and revived on the succeeding meeting, 
no member who has spoken twice at the previous meeting: 
on said question shall speak on said question again without. 
leave. 

32. Petitions, memorials, and other papers addressed to 
the Board of Councilmen may be presented by any member- 
in his place, who shall briefly state to the council the con- 
tents thereof, which may be received, read and referred om 
the same day to the appropriate committee. 

$3. On a eall of the Board of Councilmen for the yeas and 
nays on any question pending, the names of the members shall 
be called alphabetically, which call may be made at any time 
when a division or count may be had. 

34, On the call of the Board of Councilmen the door shall 
not be shut against any member until his name shall be twice: 
called, and then the absentee shall be noted down by the 
clerk. 


35. No member while in debate shall name any other mem- 
ber present. 


36. All propositions, petitions, resolutions, ordinances, or 
other matters connected with the city, shall be referred to the: 
appropriate standing committees for consideration, upon the 
request of any member, and reasonable time shall be giverm 
such member to be heard before such committee. 


B36 RULES OF THE BOARD OF COUNCILMEN. 


37. A motion to proceed or dispense with the orders of 
the day ,dispense with any rule of the council, to take up an 
ordinance or resolution of its regular order, shall require 
a majority of two-thirds of the members elect; to commit or 
re-commit, shall be propounded without debate. A motion to 
reconsider a vote shall not be made after the next meeting 
-of the Board of Councilmen at which such vote was adopted. 


38. The chairman of a committee to whom is referred any 
subject for investigation shall submit the report of the com- 
mittee at the next regular meeting of the Board of Council- 
men, or within a reasonable time thereafter; and all reports, 
whether in favor of or against any matter referred, shall be 
“in. writing, if required by the president; and in all cases where 
the report is against the question referred, the reasons for 
-said report shall be given, but this rule shall not interfere with 
the right to move a reconsideration. 

39. All propositions, ordinanees, or resolutions, which have 
once been rejected by the Board of Councilmen, shall not be 
-again introduced, unless by special leave granted by a vote of 
& majority of the members elect. 


Ordinances. 


40,. Every ordinance shall be read in full in each board. 

41. Upon the reading of the ordinance, the president shall 
state that it is ready for amendment or recommitment, and, if 
‘there is no motion to amend or recommit, the question shall 
‘be on its passage. 

42. Upon the passage of any ordinance appropriating 
anoneys, or for the paving or grading of any street, alley, 
sidewalk, or the digging or walling of any cistern in said 
«city, the yeas and nays shall be taken and recorded in full. 

43. All ordinances, resolutions, claims, and other papers 
originating in the Board of Aldermen, and reported to the 
Board of Councilmen as passed, shall be handed to the clerk 
-and immediately read by him, when he shall refer them to 
-appropriate committees unless otherwise ordered by the Board 
of Councilmen, keeping a record to what committee they were 
referred. 

44, All ordinances, resolutions, claims, and other papers 
eoriginating in the Board of Councilmen, and passed or re- 
ferred to a joint committee, shall be transmitted to the clerk 
of the Board of Aldermen; but before being transmitted to 
“the said clerk a record of same shall be made. 


RULES OF THE BOARD OF COUNCILMEN, 83 


~I 


Amending Rules. 


45. No standing rule or order of the Board of Councilmen 
shall be rescinded or changed, or new rules introduced, unless 
notice of the motion thereof had been given at the preceding 
meeting. 

46, No standing rule or order of the Board of Councimen 
shall be dispensed with unless two-thirds of the members elect 
concur therein. 

47. No ordinance or resolution for the expenditure of 
money will be entertained by this board after the appropria- 
tion, for the purposes referred to in said ordinance or resolu- 
tion has been exhausted. 

48. No ordinance or resolution for the expenditure of 
money shall be entertained unless the approximate cost is 
indorsed on same by the department to which it belongs, ex- 
ecept by consent of two-thirds of the members elect. 

49. No persons, except members, city officers, reporters 
for the city press, shall be admitted upon the floor of the 
eouncil chamber, unless permitted by a vote of the Board of 
Councilmen; nor shall there be any smoking within the 
chamber during the sitting of the board. It shall be the duty 
of the sergeant-at-arms to enforce this rule with such aid as 
may be necessary, to be detailed by the chief of police. 

50. No member shall leave the council chamber without 
special leave being granted. 

51. That the Board of Councilmen shall adjourn at 10:30 
o’clock p. m., motions and resolutions to the contrary not- 
withstanding. 

52. All papers shall be and remain in the custody and pos- 
session of the clerk of the board, and when delivered by him 
to the chairman or any member of a committee entitled to 
them, the clerk shall make a memorandum of same and may 
demand a receipt for same. 

§ 


Committee of the Whole. 


53. The Board of Councilmen may at any time resolve itself 
into a committee of the whole on the state of the city. 

54. In forming a committee of the whole the president 
shall leave the chair, and a chairman to preside in said com- 
mittee shall be appointed by the president. 

55. All amendments made to the original proposition in 
ecmmittee of the whole shall be incorporated with it, and so 
reported. 


838 RULES OF THE BOARD OF COUNCILMEN. 


56. The rules of proceeding in the Board of Councilmen 
shall be observed in committee of the whole so far as they 
are applicable. 


57. A motion for the rising of the committee shall always 
be in order, unless a member is speaking, and shall be decided 
without debate. 

58. In the absence of a standing rule the board shall have 
reference to ‘‘Cushing’s Manual.”’ 


“JOINT RULES OF THE 
GENERAL COUNCIL. 


1. In all joint meetings of the two boards the president of 
the Board of Aldermen shall preside, and the proceedings con- 
ducted as near as may be according to the rules of the Board 
of Aldermen. | 

2. In every case when an amendment of any ordinance or 
resolution is agreed to in one board and not assented to in the 
other board, if either board shall request a conference, and the 
other board appoint a committee to confer, said committee 
shall, at a convenient. time to be agreed upon by their chair- 
men, meet and consult together, and report their actions te 
their respective boards. 

3. When a message shall be sent from either board, it 
shall be announced at the door by the messenger, and shall be 
respectfully communicated to the president by the person by 
whom it was sent. 

4. While ordinances, resolutions, etc., are on their passage 
between the two boards, they shall be under the signature of 
the clerks of their respective boards. 

5. After an ordinance or resolution has passed both boards, 
it shall be indorsed by the clerk of each board, over whose 
signature shall also be stated the respective dates when the 
same was acted on by the respective boards. 

6. When the ordinances and resolutions are so inaorsed 
they shall be presented for the signatures of the president of 
each board of the council, and they then shall be delivered to 
the city_attorney, by either clerk, whose duty it shall be to 
examine the same, and approve or disapprove the same by 
his endorsement thereon, after which, if found duly passed, 
and in conformity with the law, they shall be presented to the 
Mayor for his approval when, by charter, he is required to 
approve. 

7. When the Board of Aldermen and the Board of Coun- 
eilmen shall judge it proper to make a joint address to the 
Mayor, it shall be presented to him in his office by the presi- 
dent of the Board of Aldermen, in the presence of the pres- 
ident of the Board of Councilmen. 


840 JOINT RULES OF THE GENERAL COUNCIL. 


8. When an ordinance or resolution which shall have 
passed in one board is rejected in the other, notice thereof 
shall be given by the clerk to the board in which the same 
passed at the next meeting. 

9. When there is a communication from the Mayor, or a 
message from either board, it shall be received without delay. 
If the council be in committee, the president shall resume the 
chair, and, if any member be speaking he shall take his seat 
until the communication or message be received; and when 
any papers may come officially before either board, they shall, 
as soon as acted on, lay the same before the other board. 


CITIES OF THE FIRST CLASS. S41 


Through the courtesy of Hon. Mark Ryan, State Senator, 
the following acts of the Legislature have been furnished. 

These acts are copied from the printed bills furnished to 
the members of the State Senate and there may be some minor 


inaccuracies. 


METHOD FOR COLLECTION OF TAXES. 


AN ACT to amend, that part of an Alct entitled ‘‘An Act for 
the Government of Cities of the First Class, approved 
July First, Eighteen Hundred and Ninety-three,’’ which 
relates to Revenue and Taxation. 


Be it enacted by the General Assembly of the Commonwealth 
of Kentucky: 


Section 1. That Sections 212, 213, 214, 215, 216, 217, 218, 
and 219, of an Act entitled ‘‘An Act for the Government of 
Cities of the First Class,’’ approved July First, Eighteen Hun- 
dred and Ninety-three, being Sections 2998, 2999, 3000, 3001, 
3002, 3003, 3004, and 3005, of the ‘‘Kentucky Statutes” of 
1903, be, and same are hereby repealed. 

See. 2. That an Act entitled ‘‘An Act to Amend Section 
Two Hundred and Nineteen of an Act entitled ‘An Act for 
the Government of Cities of, the First Class,’ approved July 
First, One Thousand Eight Hundred and Ninety-three,’’ ap- 
proved May Twenty-Sixth, One Thousand Eight Hundred and 
Ninety-seven, being Section 3005 of the ‘‘Kentucky Statutes’’ 
of 1903, be, and the same is hereby repealed. 

See. 3. That Section 4 of an Alct entitled ‘‘sn Act to 
Amend an Act Entitled ‘An Act for the Government of Cities 
of the First Class,’ approved July First, Eighteen Hundred 
and Ninety-three,’’ approved March Twenty-first, Nineteen 
Hundred and six, being Section 2998 of the ‘‘Kentucky Stat- 
utes’’ of 1903, be, and the same is hereby repealed. 

Sec. 4. That in lieu of the provisions of law repealed by 
Sections One, Two and Three of this Act, the following provi- 
sions be enacted; and the same shall be inserted in the ‘‘ Act 
for the Government of Cities of the First Class,’’ approved 
July First, Eighteen Hundred and Ninety-three, and shall be 


S42 AN ACT FOR THE GOVERNMENT OF 


part of said Act, and be Sections 2998, 2999, 3000, 3001, 3002, 
3003, 3004, and 3005, of ‘‘Kentucky Statutes.’’ 

‘“Sec. 2998. Within a reasonable time after the tax bills 
for the year have been listed with the Tax Receiver, he shall, 
by himself, deputy, or employes, mail to every person against 
whom any tax bill has been listed, to the Guardian and Com- 
mittees of infants and lunatics, and to the Agents of absent 
property owners, whose address is unknown to him, a postpaid 
notice, directed to the best of his knowledge, giving a brief 
description of the property taxed, stating the number and 
amount of the bill, or bills, sted against the tax payer ad- 
dressed, the date of their maturity, and the penalties imposed 
for non-payment; but the failure of the Tax Receiver to send 
such notice, or of the tax payer to receive it, shall not invali- 
date the tax, nor the interest, or penalties provided by this 
Act, nor any subsequent proceedings for the collection of 
either. All of the tax bills uncollected, in whole or in part, 
on the First day of May, succeeding the day on which they 
were listed with the Tax Receiver for collection, shall be due, 
and thereafter shall bear interest at the rate of one-half (14) 
of one per cent (1 per cent) for every month, or fraction of 
a month, from said First day of May, until paid, or until the 
property of the delinquent has been sold for the tax, as here- 
inafter provided. Upon the First day of July, succeeding the 
day on which the tax bills were hsted with the Tax Receiver 
for collection, there shall be added to all tax bills unpaid, 
a penalty of Ten per cent (10 per cent) on the face of the 
bill, which shall be in addition to the interest above provided 
for. 

Tax bills assessed against an Administrator, Executor, or 
Trustee, shall be a charge against the whole succession of trust 
estates, and may be enforced accordingly, aside, in either case, 
from the other remedies hereinafter given.’’ 

‘See. 2999. Every Guardian, Commitee, Trustee, or 
other fiduciary appointed under the laws of Kentucky, or by 
a deed or. will recorded in any County Clerk’s office therein, 
who has the management of any lands or improvements in the 
City, and every Agent of a non-resident of Kentucky, owning 
property in the City, who collects the rent thereof, or the hus- 
bands of women owning such lands or improvements, who eol- 
lect the rent or income thereof in money, or enjoy the profits 
of such lands or improvements by occupying the same, shall 
before the First of July of each year, pay out of the net in- 
come of such lands and improvements, the City tax assessed 
upon the same in the preceding year, with accrued interest, 
before applying such income to the wants of, or paying it over 


CITIES OF THE FIRST CLASS. 843 


to, his beneficiaries or employer, any instructions of the latter 
notwithstanding; and, in default thereof, he shall be liable for 
such tax, to the amount of the income which he might have 
so applied, which lability may be enforced in equitable pro- 
ceedings in any Court of competent jurisdiction in which it 
shall not be an answer that the City has a security in its 
lien upon the lands and improvements, and right to sell same 
ioriteaxes.77 

‘*Sece. 3000. The Tax Receiver shall, as early in the month 
of July as practicable, make a list of all the tax bills remaining 
wholly or in part unpaid on the First of July. He shall at 
once file the lst with the City Comptroller. For reporting 
falsely, he shall answer to the person aggrieved for all costs, 
penalties, and damages caused thereby; but neither a false re- 
port, or a failure to report, shall invalidate subsequent pro- 
ceedings under this Act.’’ 

‘See. 3001. Immediately upon the filing of these lists, the 
Tax Receiver or one of his Deputies, shall distrain the goods 
and chattels owned by, or in the rightful possession of the 
person from whom the tax is due, notwithstanding the exist- 
ence of any lien upon same, except that for State taxes, and 
may proceed to sell the title of such person in so much thereof 
as will pay the tax due, with penalties, interest, and costs. If 
there be no personal ‘property reasonably available, out of 
which said bills can be collected by such distraint, the Tax 
Receiver shall sell any real estate belonging to such delin- 
quent tax payer, or enough thereof to pay the taxes due, with 
interest, penalties, and costs, that except where there are bona 
fide mortgages or vendor’s liens of record on real estate, only 
liens now given by law shall be enforced by such sale. No 
warrant shall be required for such distraint or sale of either 
personal or real property, but the tax bill, unpaid in whole or 
in part, shall give sufficient power for such distraint and sales, 
and all subsequent proceedings thereunder. He shall thus in 
each case make out of the property of the person assessed, the 
amount of the tax bill, or the unpaid part thereof, together 
with interest at the rate of One-half (%) of One per cent (1 
per cent) per month, or fraction of a month, from the First 
of May last past, and Ten per cent (10 per cent) on the face 
of the bill. Said tax bills shall have the force and effect of 
an execution issued upon a judgment against the delinquent, 
in addition to the tax lien now provided by law. The City 
shall have a lien on personal property as provided in case of 
real property, for its taxes. <A sale of personalty under such 
tax bids shall be for cash, and the levy, advertisement, sale and 
delivery to purchaser shall be made in like manner as of goods 


S44 AN ACT FOR THE GOVERNMENT OF 





levied upon under execution on replevin bond. When such 
tax bills are against a married woman, they may be also levied 
upon such goods of her husband, not exempt from levy under 
a like tax bill against himself, and found on any of the lands 
or improvements for which the married woman is assessed. 
A sale of real property under such bills shall be for cash, and 
in such case the Tax Receiver shall sell at public auction, so 
much of the property of the delinquent as shall pay the taxes 
due, with penalties, interest and costs, in the same manner 
that property is sold under execution, except that the sale shall 
be had at the door of the City Hall, of the City in which the 
land lies, and need not be appraised or levied on. Such sale 
shall be advertised by posting for Fifteen (15) days before the 
sale, a written or printed notice at the City Hall door, and by 
publication once a week for four (4) weeks prior to the day of 
sale, in the newspaper published in the Englsh language, 
selected by the General Council, to print its proceedings and 
ordinances; and the Tax Receiver shall, not less than Fifteen 
(15) days before the sale, mail to the delinquent, a postal card 
addressed to his place of residence, or place of business, if 
such can be ascertained, notifying him of the time and place 
of the sale: and in order to cover the cost of such advertise- 
ment and notification, the Tax Receiver shall have Two Dol- 
lars ($2.00) for each person whose property is advertised, to 
be paid by the delinquent, but in no event to be paid by the | 
City, and money so received shall be paid by the Tax Receiver 
into the City Treasurer; but the failure of the Tax Receiver 
to send, or of the tax payer to receive the mail notice of sale 
herein required, shall not invalidate the sale of any subse- 
quent proceedings thereunder.”’ 

“See. 3002. If at any sale for taxes, of real property, no 
one will bid for or purchase the property offered for sale, at 
the amount of the tax, the charges due, and the cost of sale, 
including the cost of advertising, it shall be the duty of the 
Tax Receiver to purchase same for the City, for the amount of 
the tax due, with interest, and penalties, and costs of sale 
thereon. The owner of the real estate so sold, his heirs, repre- 
sentatives, assigns, shall have the same right to redeem such 
real estate from the purchaser thereof at any time within two 
years from the day of sale, as is provided by law in the sale 
of real estate under execution, by paying to the Tax Receiver, 
the amount of the purchase price at said sale, with interest 
thereon at the rate of One per cent (1 per cent) per month, 
or fraction thereof, from the day of sale; and in case the land 
is not redeemed before the First day of April succeeding the 
sale, by paying a further penalty of Five per cent (5 per cent) 


CITIES OF THE FIRST CLASS. 845 


upon the purchase price. During the Two years allowed for 
redemption, and until redemption, the land so sold shall be 
assessed for subsequent tax levies, in the name of the de- 
linquent owner. During that time, there shall be no sale on 
the land for the collection of such later tax bills, but the 
delinquent shall be required to pay said bills, with interest and 
penalties as above provided, upon the redemption of the land, 
in addition to the payment of the purchase price, with interest 
and penalties as hereinabove required. All moneys paid in re- 
demption of land sold for City Taxes, shall be paid to the Tax 
Receiver of the City, who shall account for such moneys in the 
same manner, and to the same officer as is required of him in 
the regular collection of taxes; except that, when the pur- 
chaser at a tax sale is not the City, the Tax Receiver shall 
pay over to the purchaser upon proper receipt, the amount 
of the purchase price, with interest and penalties thereon; but 
all moneys paid by the delinquent at the time of redemption 
in discharge of the bills against that land which was assessed 
subsequently to the tax for which the sale was had, shall be 
accounted for by the Tax Receiver as are other tax collections: 
and it shall be the duty of the Tax Receiver to promptly notify 
the purchaser at a tax sale of the redemption of the land pur- 
chased by him, by postpaid letter or card. 

Persons under disability, whose lands have been sold for 
taxes, as herein provided, shall have the same right for the 
redemption of such lands, as are given them by law for the 
redemption of land sold for the payment of taxes due to the 
State of Kentucky.”’ 

‘*Sece. 3003. The Tax Receiver shall within Sixty (60) days 
after same are made, report the result of all tax sales to the 
Comptroller, giving the number and amount of the tax bill 
or bills, for which the sale was had, the date of sale, the 
amount bid, and the name of the purchaser; and he shall keep 
such a record in his own office in an appropriate book, in 
which an alphabetical index shall be kept of the names of the 
delinquents whose properties have been sold, and said book 
shall contain a column or space opposite each record of sale, 
in which shall be entered, a record of the redemption of the 
land, or of its conveyance to the purchaser in case it be not 
redeemed. 

Upon the purchase of any realty, the Tax Receiver shall 
deliver to the purchaser, other than the City, upon payment 
of the price, a certificate in substantially the following form: 


S46 AN ACT FOR THE GOVERNMENT OF 


‘Thisuis'to certify thaton wis .daycn io ise oe : whose 


Post Office address is No. ...... Street, City of 22.2 ae : 
Stabe OL eke eeeee an ene , purchased at a tax sale of 
the: Citys OLR sists seas eee eee , the following described 


real estate in said City: 


© 6&8 © €'e 6 6 © 2 8) 8 © 0 © @€ '@ © 90 0 © 6 0 8 © 6 6 © & 8 6 8 © 6 © 6 6 6 8 © 68 2 CC 6 @ 6 8 lee eee ee 
ese eo vvsseevewvreeneivwvee2s5renveseenevstes e 8 02 6 6 02 © ee fp © 6. © © © @ @ © © 6 @ 8 © @ 6 66 » ) 0) ener e le 


eeeeeeoeeeeeeeevseeeeeeeeeeeeeeeeeeeeeeerteeweeeee ee es eeeeeese @& 


Said purchaser has paid therefor the sum of ¢.............. 
which represents the tax, penalties, interest and costs, on the 
following tax bills to the date of sale: 


Year No. of Bill Person Assessed Face of Bill 
Witness my hand this ........ Cay OL ct fee Paik ee. 
Tax Reeeiver of City of). m17 5) ca. ; 


The Tax Receiver shall keep a duplicate of such certificates 
and a record of all proceedings taken by him at such sales: 
Should any person bid at such sale the amount to be raised, 
and then fail to pay same, the Tax Receiver shall immediately 
re-sell said property. No levy or attempted levy upon per- 
sonalty shall be necessary to validate any sale of realty, 
whether such realty be sold for taxes on realty, or on person- 
alty, or ‘both.’’ 

“See. 3004. If the land be not redeemed within Two years 
from the date of sale, a fee simple title shall vest absolutely 
in the purchaser, subject only to State taxes. Thereupon, the 
Tax Receiver then in office, shall convey the property by deed 
to the purchaser, who shall then be entitled to possession of 


CITIES OF THE FIRST CLASS. 847 





the property, and have the right to recover same by suit or 
motion, as may be found most appropriate; Provided: That it 
shall be the duty of a purchaser, other than the City, to pay 
all later tax-bills, owing to the City, with interest, as pro- 
vided in Section 2998, which were assessed against that prop- 
erty after the assessment of the tax for which it was sold, and 
the Tax Receiver shall not convey the property to such a 
purchaser until all such tax bills have been paid. Such deed 
shall be prima facie evidence of the regularity of sale, and of 
all prior proceedings, and title in the person to whom the deed 
has been executed. 

The City Comptroller may advertise and sell at puble auc- 
tion any lands which were purchased by the City at tax sale, 
and to which the City has received a deed, and of which it has 
possession, and may convey said land by deed to the pur- 
chaser, provided that he may be directed as to the time and 
manner of sale by ordinance of General Council. No real 
property thus acquired by the City, except such as may be 
proper and necessary for public purposes, shall be held by the 
City longer than Five (5) years after being vested with title, 
and unless the same is sold and conveyed by the City within 
that period of time, the title thereto shall escheat to the Com- 
monwealth of Kentucky.”’ 


‘*See. 3005. In addition to the powers given to cities of 
the First Class by thie foregoing provisions of this Act, for 
the collection of taxes by sale of the delinquent’s property 
under a tax bill, such cities shall have the power to enforce 
collection of any tax bill due them by all remedies given for 
the recovery of debt in any Court of the Commonwealth other- 
wise competent for that purpose. 


This Act shall in no wise invalidate or suspend any suit 
or action now pending for the enforcement of any tax now 
due, but said suits and actions may be prosecuted as though 
this Act had not been passed. In addition, all the remedies 
provided in this Act, shall apply to any unpaid tax bills, 
whether assessed for the year 1910, or any previous year. 


All tax bills, for whatever year levied which shall be owing 
to a City of the First Class, on June Thirtieth, Nineteen Hun- 
dred and Ten, and which are then due and unpaid, in whole or 
in part, whether in suit or not, shall on and after that date, be 
subject to the provisions of this Act, both as to interest and 
penalties (including the penalty of Ten per cent (10 per 
cent) to be added on July First) as to collection by sale un- 
der tax bill or by suit. For the collection of all tax bills not 
in suit, which are due and unpaid, the Tax Receiver shall in 


S48 AN ACT FOR THE GOVERNMENT OF 





July, Nineteen Hundred and Ten, proceed by sale as herein- 
after provided.’’ 

See. 5. That all other laws, and parts of laws, not men- 
tioned in Section One, Two, and Three of this Act, and in 
conflict with the provisions thereof, are hereby repealed. 

WHEREAS, Cities of the First Class are now suffering 
great inconvenience and loss from current and past delin- 
quencies in tax payments, an emergency is hereby declared to 
exist, and this Act shall become a law when approved by the 
Governor. March, 1910. 





SCHOOL BOARD. 


AN ACT to amend the school laws and to create Boards of 
Education and to define their duties in cities of the first 
class. 


Be it enacted by the General Assembly of the Commonwealth 
of Kentucky: 


Section 1. Every city in this State of the first class shall 
be and constitute a single school district, and the supervision 
and government of common schools, kindergartens, high 
schools, manual training schools and normal schools and all 
such school property therein shall be vested in a board of 
five members to be known as the ‘‘Board of Education of 
reels SER ESL pei Oe eee , Kentucky,’’ (in which title the 
name of such city shall be inserted). Such Board of Eduea- 
tion shall be a body corporate and shall, be and in said name, 
sue and be sued, purchase, receive, hold and sell property, do 
all things necessary to accomplish the purpose for which such 
school district is organized, and succeed to all the property, 
rights and privileges granted to and belonging to any previous 
School Board of such city: Provided, that all pending suits 
in which any such previous School Board is a party, may be 
prosecuted to an end in the name of such party. 

Sec. 2. Every such Board of Education shall have exclusive 
control of the common schools, including kindergartens, high 
schools, manual training schools and normal schools as here- 
inafter provided, and of commion school property in such 
city; shall exercise generally all powers in the administration 
of the common school system therein, appoint such officers, 


CITIES OF THE FIRST CLASS. 849 





agents and employes as it may deem necessary and proper 
and fix their compensation; and shall have power to fix the 
time of its meetings, to make, amend and repeal rules and by- 
laws for its meetings and proceedings, for the government, 
regulation and management of the common schools and school 
property in such city, for the transaction of its business, and 
for the examination, qualification and employment of teach- 
ers, which rules and by-laws shall be binding on such Board 
of Education and all parties dealing with it until formally 
repealed by an affirmative vote of four members of said Board. 
To provide for special and standing committees, and to certify 
to the General Council the amount of money necessary for 
the maintenance and improvement of the schools as herein- 
after provided, and to purchase and hold all property, real and 
personal, necessary for the purposes of public education, to 
build and construct improvements for such purposes, and to 
hold or sell the same. 


See. 3. It shall also have power, when unable to contract 
with the owner of any real estate necessary to the proper 
accomplishment of the purpose for which said Board is ere- 
ated, to institute condemnation proceedings in accordance with 
the law governing railroad corporations incorporated under 
the laws of this Commonwealth; and to have in such proceed- 
ings the same rights, powers, privileges and restrictions as are 
now granted to or conferred upon such railroad corporations. 
Such Board of Education shall have all the powers of other 
school districts under the laws of this State, except as herein 
provided. 

Sec. 4. No person shall be eligible to the office of member 
of the Board of Education, who has not attained the age of 
thirty years and one who is not a housekeeper or is not the 
owner of real estate in said city, and who is not a citizen of 
and a bona fide resident of this Commonwealth and of the 
city for which he is elected, for three years next preceding 
the election; or who holds or discharges any office, deputy- 
ship or agency under the city, or any district or county, or 
under the State of Kentucky, or any department thereof, or 
under the United States or any foreign government, except 
that of notary public or militia officer of Kentucky. No per- 
son shall be eligible to this office who, at the time of his elec- 
tion, is directly or indirectly interested in any contract with 
the Board, or who holds any office of trust or ageney of or 
draws a salary from any corporation which holds any contract 
with the Board, or whose father, son, brother, wife, daughter 
or sister is employed as teacher, or in any other capacity by 
such Board, or in any of the public schools, or who is, directly 


850 AN ACT FOR THE GOVERNMENT OF 


or indirectly, interested in the sale to the Board of books, 
stationery or other property. If he shall, after election, be- 
code a candidate for any office or agency or for the nomina- 
tion thereto, the holding and discharging of which would have 
rendered him ineligible before election, or if he shall remove 
out of the city for which he was chosen, or if he shall do or 
incur anything which would have rendered him ineligible for 
election, or if any of his relatives above specified be employed 
by the Board, his office shall, without further action, be vacant 
and it shall be filled as directed. 

- Sec. 5. No compensation shall be paid to the members of 
the Board, but they shall be exempt from jury duty and from: 
service as election officers during their term of office. 

See. 6. The members of said Board of Edueation shall be 
elected, except as specified in Section 7 of this Act, for the 
term of four years by the qualified voters of such city. They 
shall be elected from the city at large, and such election shall 
be held under the provisions of the general laws governing 
eity elections, so far as they are not inconsistent with the pro- 
visions of this Act. 

Sec. 7. All elections for members of the Board of Educa- 
tion shall be by secret ballot, and the ballot shall be on a 
separate sheet from all other ballots to be used in any elec- 
tion. It shall be the duty of the County Clerk of any county, 
in which a city of the first class is situated, to cause to be 
printed on said ballot the names of all candidates for member- 
ship of the Board of Education of such city, in whose behalf 
he may be petitioned so to do in writing by not less than four 
hundred electors of said city. The petitions must be filed in 
the office of the County Clerk not more than sixty days nor 
less than fifteen days before the day of election, and each 
petition must be signed by the requisite number of qualified 
persons, and shall show the place of residence of each person 
signing it, and no person shall sign more petitions than the 
number of officers to be filled. If the nomination is to fill a 
vacancy, the petition shall so state. Where the same person: 
shall be nominated for a full term to fill a vacancy, he shall 
be accepted as a candidate for the full term. 

Said ballot shall be in the form prescribed for ballots by 
the general election law of the State, except that no party or 
other emblem or distinguishing mark shall be placed upon said 
ballot, save the words, ‘‘School Ticket’’ at the head thereof; 
and that ‘the names of all candidates for membership in the 
Board of Education shall be printed on said ballot in a single 
column. The names shall be printed on the first one hundred 
ballots as arranged in order by lot. On each of the succeed- 


CITIES OF THE FIRST CLASS. S51 





ing one hundred ballots the names shall be printed in the same 
order, save that the last name on the preceding one hundred 
ballots shall be shifted to the first place; and so on thereafter 
throughout, a like change being made in the printed order of 
names for every one hundred ballots. As many additional 
lines shall be left blank as there are members to be elected. 

The provisions of the general election law of the State of 
Kentucky as to the duties of County Clerks and other public 
officers in the matter of printing and distributing ballots, of 
the issuing them to voters, of receiving and depositing them 
in the ballot boxes, and of counting and preserving them, and 
in all other particulars except as otherwise provided herein, 
shall be applicable in all respects to the election of members 
of the Board of Education: Provided, that it shall be the 
duty of the Sheriff of each county in which a city of the first 
class is situated, to provide for each precinct in said city a 
separate box for the reception of the ballots used in the elec- 
tion of members of the Board of Education. And Provided, 
further, that it shall be the duty of the judge of election of 
the opposite political party to the clerk of the election in each 
precinct to issue the school ballots in the same manner as 
other ballots are issued by the clerk of election by writing the 
name and residence of the voter upon the primary stub, aud 
his registered number upon the secondary stub of the school 
ballot, and by observing, as to these ballots, such other regu- 
lations for the issue and deposit of ballots as may be pre- 
seribed for elections generally. It shall be unlawful for an 
election officer or other person within the election booth to 
tell or to indicate by word of mouth or otherwise to a voter 
what may be the political affiliations of any candidate, and 
a violation of this provision shall be a misdemeanor punishi- 
able hy fine not exceeding two hundred dollars. 

See. 8. Each voter may vote for as many of said eandi- 
dates as there are members to be elected by making a erdss 
in the square opposite the name of each candidate for whom 
he wishes to vote. The candidates, in number equal to the 
number of members to be chosen, who have the highest num- 
ber of votes shall be declared elected. If at any election a 
member is to be chosen to fill a vacancy and to serve out an 
unexpired.term, candidates may be chosen as above provided, 
but they shall, in all cases, be designated on the ballots as 
candidates to fill a vacancy, and the date of the unexpired 
term shall be stated. 


See. 9. At the general election occurring in the month of 
November, 1910, five members of the Board of Education shall 
be elected as herein provided. After having qualified by tak- 


852 AN ACT FOR THE GOVERNMENT OF 


ing the oath prescribed by law, they shall assume office om 
the first day of January, 1911, and shall meet at the offices 
of the present School Board of said city at twelve o’clock 
noon, and shall proceed to organize by electing one of their 
number President, and another Vice-President. Within one 
week after the organization of said Board it shall meet to 
divide its members by lot in such manner as they shall de- 
termine into two classes, as follows: The first class consist- 
ing of two members shall hold office through the 31st day of 
December, 1912, the second class consisting of three members 
shall hold office through the 31st day of December, 1914. 
Thereafter at each regular election held in November of each 
even-numbered year, members shall be elected as hereinbefore 
provided, to take the place of those whose terms will next ex- 
pire, and the members so chosen shall hold office for four 
years, or until their successors are elected and qualified. 

See. 10. At its first regular meeting after the first day of 
January, in each year following its original organization, said 
Board of Education shall reorganize by electing one of its. 
members President, and another Vice-president. 


See. 11. Any vacancy in said Board, from whatever cause 
occuring, shall be temporarily filled by the other members of 
the Board as soon as practicable after such vacancy occurs. 
The member so chosen shall hold office until his successor is 
elected and qualified, subject to the previsions of Section 152 
of the Constitution of Kentucky. 


See. 12. When members of the Board of Education shall 
have been elected, shall have qualified, and shall have organ- 
iped as hereinbefore provided, thereupon it shall become the 
duty of the existing School Board and all officers, agents and 
employes thereof to surrender their places and to deliver to 
said Board of Education all the common school property, 
both real and personal, of every kind whatsoever, and the 
control and management of the common school affairs of such 
city: Provided, that until such Board of Education shall be ~ 
organized, the administration of the common schools and the 
management of school property in such city shall remain in 
the control of the existing School Board in the same manner 
and with the same powers as existed prior to the passage of | 
this Act. 

All rules and by-laws made by any existing School Board 
at such time vested in such city with the management of the 
common schools shall continue in force, so far as consistent 
with this Act, until repealed or altered by a majority of such 
Board of Education. 


CITIES OF THE FIRST CLASS. 858. 


Provided, further, that the first Board of Education may 
continue the employment and service of any existing officers,, 
teachers, agents or other employes, in their several capacities. 
in connection with the administration of school affairs, until 
such time as they effect the change of administrative system 
applicable to the common schools as contemplated in this 
Act; and said Board of Education may thereafter retain or re- 
move any agents, teachers, janitors, engineers or other em- 
ployes then rendering service in connection with the public 
schools of said city. 

See. 13. It shall be the duty of said Board of Education, 
within sixty days after its organization, to adopt rules and by- 
laws for its meetings and proceedings, and for the govern- 
ment, regulation and management of the schools and school 
property, and for the examination, qualification and employ- 
ment of teachers. And such rules or by-laws may be changed, 
altered, or set aside, only upon an affirmative vote of four 
(4) members of the Board. 


See. 14. It shall be the duty of said Board of Education, 
as soon as practicable after its organization, to appoint a 
Superintendent of Schools, a Business Director, a Secretary 
and Treasurer, and such other officers, employes and agents 
as it may deem proper: Provided, that no such officer, em- 
ploye or agent shall be a member of said Board. 


Section 15. The Board of Education shall appoint a Su- 
perintendent of Schools who shall serve for a term of one year, 
but whenever a Superintendent who shall have served one 
year shall be re-elected, his re-election shall be for a term of 
four years. His compensation shall not be changed during the 
term for which he is elected. He may be removed at any time 
by a vote of three-fifths of the entire Board. The Board of 
Education may, on the nomination of the Superintendent of 
Schools, appoint as many Assistant Superintendents as it may 
deem necessary, whose compensation shall be fixed by the 
Board, and who may be removed by the Superintendent with 
the approval of the Board. The Superintendent of Schools 
shall qualify by taking the oath prescribed by Jaw. He shall 
have general supervision, subject to the control of the Board, 
of the course of instruction, discipline and conduct of the 
schools, text-books and studies; and all appointments, promo- 
tions and transfers of teachers and truant officers, and in- 
troduction and changes of text-books and apparatus, shall be 
made only upon the recommendation of the Superintendent 
and the approval of the Board. The Superintendent shall have 
the power to suspend any teacher or truant officer for cause 


854 AN ACT FOR THE GOVERNMENT OF 


deemed by him sufficient, and the Board of Education shall 
take such action upon the restoration or removal of such per- 
son as it may deem proper. All appointments and promotions 
of teachers shall be made upon the basis of merit, to be 
ascertained, as far as practicable, in cases of appointments, 
by examination, and in cases of promotion, by length and 
character of service. Examination for appointment shall be 
conducted by the Superintendent.in accordance with the State 
law for the certification of teachers and under such other 
regulations as may be made by the Board. The Superintend- 
ent of Schools shall devote himself exclusively to the duties 
of his office, and shall have power to appoint clerks, whose 
number and salaries shall be fixed by the Board, and shall 
have power to remove the same; shall exercise a general super- 
vision over the schools of the city, examine their condition 
and progress and shall keep himself informed as to the prog- 
ress of education in other cities. He shall advise himself of 
the need of extension of the School System of the city, shall 
make reports from time to time as may be fixed by the rules 
or directed by the Board, and shall be responsible to the 
Board for the condition of the instruction and discipline of 
the schools. 


The term ‘‘teachers,’’ as used herein, shall include super- 
visors, supervising principals and principals. 

Sec. 16. The Board shall appoint a Business Director, who 
shall serve for a term of one year, but whenever a Business 
Director who shall have served one year shall be re-elected, 
his re-election shall be for a term of four years, but he may be 
removed at any time by a vote of three-fifths of the entire 
Board. His compensation shall not be changed during the term 
for which he is elected. The Business Director shall qualify by 
taking the prescribed oath, and shall be the executive officer 
of the Board. He shall execute for the Board in the name of 
the Board its contracts and obligations; he shall see that all 
contracts made by or with said Board are fully and faithfully 
performed; he shall have the care and custody of all property 
of the Board of Education, real and personal, except moneys; 
he shall oversee the construction of buildings in process of 
erection and repairs of buildings owned or controlled by the 
Board; shall advertise for bids, and shall purchase all supplies 
and equipments authorized by the Board; and, generally, shall 
execute and carry into effect all matters and things authority 
for which shall have been granted by the Board, as herein 
provided. 

Sec. 17. The Business Director shall devote his entire time 
to the duties of his office, and shall receive an annual salary 


b] 


CITIES OF THE FIRST CLASS. 85D» 


to be fixed by the Board at the beginning of each term, and. 
payable monthly out of the School Fund of the City. Before 
entering upon the discharge of the duties of his office he shall 
give a bond for the faithful performance thereof in the sum of 
ten thousand dollars, with a surety company, to be approved 
by the Board, which bond shall be paid for by the Board and 
be deposited with the Secretary and Treasurer within twenty 
days from date of election, and preserved by him. 

See. 18. Subject to the approval of the Board of Education 
as to the number and salaries, the Business Director shall have 
power to appoint, with the approval of the Board of Educa- 
tion, as many engineers, janitors and other employes and 
agents as may be necessary for the proper performance of the 
duties of his department, for whom he shall be responsible, 
and whom he shall have power to remove; but the Board of 
Education may provide for a competitive examination for the 
positions of janitors and engineers; and when such provision 
shall have been made, the Business Director shall be required 
by the Board to appoint janitors and engineers from the list 
obtained by such examination. He shall appoint such assist- 
ants and deputies as may be authorized by the Board, whose 
compensation shall be fixed by the Board; and one of said 
assistants shall be a trained and educated mechanical en- 
gineer, qualified to design the heating, ventilating and sanitary 
machinery and apparatus connected with the school buildings. 
Such assistants and deputies shall be subject to removal by the 
Business Director who shall be responsible for the proper per- 
formance of their duties. He shall perform such other duties 
as may be required of him by the Board. 

Sec. 19. All contracts for the erection of school buildings 
and all contracts for repairs and alteration in school property, 
exceeding the amount of fifty dollars, shall be made by the 
Board after public letting to the lowest responsible bidder, but 
it may reject all bids. The necessary specifications and draw- 
ings shall be prepared for all such work, and bids therefor shail 
be solicited by such advertisement as the Board may provide. 
All other work of construction and repairs shall be made di- 
rectly by the Business Director, as herein provided. For all 
work of construction and repairs authorized to be done directly 
by the Business Director he shall furnish the necessary specifi- 
cations and drawings, except in cases of emergency, and where 
the cost shall not exceed the sum of two hundred dollars, and 
shall solicit bids for such work as may be provided for by the 
Board. No bids shall be entertained by the Business Director 
which are not made in accordance with the specifications fur- 
nished by him, and all contracts shall be let to the lowest re- 


256 AN ACT FOR THE GOVERNMENT OF 


sponsible bidder complying with the terms of the letting; Pro- 
vided, however, that the said Business Director shall have the 
right to reject any and all bids. 

See. 20. The Board shall, at or prior to the beginning of 
each fiscal year, cause advertisements to be made under such 
regulations as it may provide for proposals for furnishing the 
supplies required in the schools and by the Board in the ensu- 
ing year; and every contract therefor shall be awarded to the 
lowest responsible bidder complying with the terms of the 
letting: Provided, however, that said Board shall have and 
reserve the right to reject all bids. If other supplies are re- 
quired during the year, they shall be furnished under contracts 
awarded in like manner; but the Board may authorize the pur- 
chase of supplies not exceeding fifty dollars in amount without 
letting or contract. The Board shall make distribution of 
supplies through such agencies and in such manner as it deems 
proper. 3 

See. 21. The Board shall appoint an officer, who shall be 
Secretary and Treasurer, and shall serve for a term of one 
year, but whenever a Secretary and Treasurer shall have 
served one year and be re-elected, his election shall be for a 
term of four years, but he may be removed at any time by a 
vote of three-fifths of the entire Board. He shall give bond 
in such sum as the Board may require, which shall not be less 
than $50,000.00, with a Surety Company to be approved by 
the Board, such bond to be paid for by the Board and be de- 
posited with the President of the Board within twenty days 
from date of election and preserved by him. The compensation 
of such officer shall be fixed by the Board of Education before 
his election, and shall not be changed during the term for 
which he is elected. He shall exercise, subject to the con- 
trol of the Board, general supervision over the fiscal affairs of 
the public schools of the city, the collection and payment of 
funds to the school depositaries, and the disbursement of all 
revenues and moneys belonging to the Board. He shall record 
the proceedings of the Board in such manner ag may be di- 
rected by the Board, and shall deposit daily in the designated 
depositary of the Board all moneys collected or received by 
him for the Board. He shall furnish to the Board at the begin- 
ning of each month a statement of receipts and disbursements 
of the preceding month; and at the end of the fiscal year he 
shall make to the Board a full and comprehensive report of 
its financial affairs for the preceding year. He shall be the 
eustodian of all securities, documents, title papers, books of 
record and other papers belonging to the Board, under such 
conditions as the Board may direct. It shall be his duty to 


CITIES OF THE FIRST CLASS. 857 


see that no liability is incurred or expenditure made without 
due authority of law, that appropriations are not overdrawn 
and that all expenditures are charged to the appropriations for 
which they are made. Subject to the approval of the Board, 
he shall have power to appoint assistants, for whom he shall 
be responsible and whom he may remove. He shall perform 
such other duties as may be required of him by the Board. 

See. 22. The Board shall, in the month of June of each 
year, advertise for bids from the banks and trust companies 
in such city for the current deposits of such Board, to be se- 
eured by bond with surety to be approved by the Board in an 
amount to be fixed by the Board, and said bids shall specify 
the rate of interest to be allowed to said Board on such de- 
posits and the nature of the security offered; and such deposits 
shall be annually awarded to the two institutions, banks or 
trust companies that offer, with the required security, the high- 
est rates of interest therefor; and the Board shall cause con- 
tracts for the ensuing year to be made with such banks or 
trust companies so receiving the award of such deposits. All 
moneys due the Board, from any source whatsoever, shall be 
paid to the Secretary and ‘Treasurer, who shall thereupon cause 
all funds received to be paid into such designated depositaries, 
the balances in each to be kept as nearly equal as practicable. 
Te fiscal year of the Board shall end on the 30th day of June of 
each year, and the annual contract shall be made in the month 
of June of each year for the deposits of the succeeding fiscal 
year. 

The funds of the Board deposited in bank shall be with- 
drawn only on the order of the Board, evidenced by the check 
of its Secretary and Treasurer, countersigned by the Presi- 
dent of the Board, or, in his absence or disability by the Vice- 
President. 

Sec. 23. It shall be the duty of the Board at the beginning 
of each fiscal year to apportion the revenues available for that 
year to the different departments, for expenditure in support 
of the schools for that year, and no report or resolution shall 
be adopted by the Board ealling for the expenditure of money 
unless it states specifically the fund from which the appropria- 
tion is to be made, and is accompanied by the certificate of the 
Secretary and Treasurer showing sufficient balance in such 
fund available for such expenditure. 

See. 24. The Board shall have power to borrow money on 
the credit of the Board in anticipation of the revenue from 
school taxes for the fiscal year in which the same is borrowed 
and to pledge said school taxes for the payment of the prin- 
cipal and interest of said loan: Provided, that the interest 


858 AN ACT FOR THE GOVERNMENT OF 


paid shall in no case exceed six per cent per annum and the 
principal shall in no case exceed fifty per cent of the antici- 
pated revenue. 

Sec. 25. To raise money for the maintenance of the schools 
the General Council shall annually cause to be levied and col- 
lected a tax of not less than thirty-six cents (.36) on each one 
hundred ($100.00) dollars of property assessed for taxation for 
city purposes. Upon the completion of the assessment of prop- 
erty for taxation, the amount levied as above shall annually be 
passed to the credit of the school fund, upon the books of the 
city, and the said amount, as collected, shall be paid over to 
the Board by the Treasurer of the city, in regular monthly in- 
stallments, the first payment to be made within one week after 
the collection of said amount shall have been commenced and 
the other payments to be made weekly thereafter in current 
money by the said Treasurer as collected. 

Sec. 26. For the maintenance of the schools there shall 
he appropriated the sum or sums which may be received frora 
year to year as the City’s portion of the school fund of this 
Commonwealth. 

See. 27. So much real or mixed property in the city, which 
from alienage, defect of heirs, failure of kindred or other 
causes, shall escheat to the Commonwealth of Kentucky shall 
vest in the Board for the use and benefit of the common schools. 
Said Board may, in the name of the Commonwealth, for the 
use and benefit of the common schools of the city, by its Presi- 
dent or other officer to be designated by it, enter upon and take 
possession of said property or sue for and recover the same by 
an action at law or in equity, and without office found. The 
Board may sell and convey any of such property by warranty, 
deed or otherwise. 

See. 28. All officers of any city of the first class, and of the 
State, concerned with the assessment and collection of taxes, 
fines and penalties shall perform such duties in relation to the 
levying and eollection of school taxes and the collection of 
such fines and penalties, and the payment thereof to said Board 
for school purposes, as are now imposed by the existing laws 
upon such officers in relation to the levy and collection of 
school taxes and the collection of fines and penalties payable 
to the school funds; and nothing in this Act, unless inconsistent 
therewith, shall be construed as repealing any existing law 
providing for the assessment and collection of school taxes in 
such city; and all powers and duties conferred by existing law 
upon any Board in relation thereto shall be continued in the 
Board created by this Act. 


CITIES OF THE FIRST CLASS. 859 


Sec. 29. At the close of each fiscal school year the Mayor 
of such city shall appoint one or more expert accountants, who 
shall examine the books, accounts and vouchers of the Secre- 
tary and Treasurer, Business Director, and all other depart- 
ments of expenditures of the Board, and shall make due re- 
port thereof to the Mayor and Board of Education of such city. 
All the officers and employes of the Board shall produce and 
submit to such accountants for examination of all books, pa- 
pers, documents, vouchers and accounts in their office belong- 
ing to the same or thereto pertaining, and shall in every way 
assist said accountants in their work. In the report to be made 
by said accountants they may make any recommendation they 
deem proper as to the business methods of such officers and 
employes. A reasonable compensation for such services shall 
be paid by the Board. 

See. 30. The Board shall have the power to establish and 
maintain kindergartens for children from four to six years of 
age, high schools, manual training schools and a normal school 
and normal training classes for the purposes of training teach- 
ers to fill positions in the schools of the city, and to this end 
it may prescribe rules and regulations for the government of 
such schools, and as in other cases it may employ the prin- 
cipals and other teachers necessary for their efficient manage- 
ment. 

See. 31. The Board shall provide, maintain and support 
separate schools wherein all colored children, who are bona 
fide residents of said city, between the ages of six and twenty 
years, may be taught in hke manner as herein provided for 
white children. Said schools for colored children shall be en- 
titled to the same benefits, be governed by the same rules and 
regulations, and be subject to the same restrictions as the 
schools herein provided for the white children. 

See. 32. The Board shall prescribe the necessary qualifica- 
tions and mode of examination for applicants for admission to 
the various school, and may furnish text-books and necessary 
school supphes to pupils free of charge under such rules and 
regulations as it may adopt. 

See. 33. No formula of religious belief shall be taught or 
inculeated, nor shall any class or any text-book be used which 
reflects on any religious denomination. 

Sec. 34. The Board shall have power to admit to the school 
pupils from beyond the city limits, and shall collect from all 
persons so admitted tuition fees for the benefit of the school 
fund of the city, but may make equitable allowance or re- 
duction for taxes paid for schools by such children or their 
parents on property in the city. Children of persons residing 


860 AN ACT FOR THE GOVERNMENT OF 


outside of the city limits shall not be admitted as pupils into 
any of the public schools, except upon payment of such tuition 
as the Board may require as aforesaid. 

See. 35. A city of the first class being deemed one school 
district for taxation purposes and entitled to its proportion 
of the common school fund of the Commonwealth, the Board 
of Education of such city shall make detailed reports annually 
and special reports as required to the State Superintendent of 
Public Instruction. The Board shall also, in the year 1911, 
and every third year thereafter, take the census of children 
of school age and make returns thereof to the Superintendent 
of Public Instruction, at the same time other school officers 
are required to make returns; and for the neglect of this duty 
the members of the Board shall be liable to the same penalties. 
This census shall be taken under regulations approved by the 
State Board of Education. 

For the years in which no census is required to be taken, 
the Superintendent of Public Instruction shall determine the 
amount per capita to be paid over to the boards of educa- 
tion of such cities by adding annually to the number of chil- 
dren of school age, as shown by the next preceding census 
actually taken, such increase or addition as he may ascertain 
to be the annual increase of children of school age in the dis- 
trict upon averaging the yearly increase shown by the three 
actual enumerations next preceding: Provided, however, that 
the Board of Education of any such city or the Superintendent 
of Publie Instruction may elect to take an actual census in 
any of such years, in which case the return of such census 
shall govern. 1 

See. 36. The Board shall, at the end of each scholastic year, 
prepare and publish, for the information of the public, a re- 
port which shall include the annual reports made to the Board 
by the Superintendent, Business Director and Secretary and 
Treasurer, together with such other information as may be 
proper and necessary to an understanding of the general con- 
dition and educational progress of the schools during the pre- 
ceding year. 

Sec. 37. Any member, officer or employe of such Board 
who shall wilfully violate any of the provisions of this act shall 
be deemed guilty of a misdemeanor, and on conviction shall, 
unless otherwise herein provided, be punished by a fine of 
not more than five hundred dollars or imprisonment not ex- 
ceeding one year, or by both fine and imprisonment in the 
discretion of the jury. But nothing herein contained shall be 
construed as suspending the general criminal laws of the State 
so far as applicable. 


CITIES OF THE FIRST CLASS. S61 


See. 38. The general school laws of this State and all laws 
and parts of laws applicable to the general system of common 
schools in a city of the first class and not inconsistent herewith, 
shall be in full force and effect in such city. 

March, 1910. 


BOARD OF WATER WORKS. 


AN ACT to amend an act entitled ‘‘An act in relation to the 
control, management and operation of water works in 
cities of the first class,’’ approved March 6, 1906, and being 
Section 3024a, of the Kentucky Statutes. 


Be it enacted by the General Assembly of the Commonwealth 
of Kentucky: 


Seltion 1. That Section 2, of an act entitled ‘‘An Act in 
Relation to the Control, Management and Operation of Water 
Works in Cities of the First Class,’’ approved March 6, 1906, 
and being Section 3024a, of the Kentucky Statutes, be amend- 
ed by striking from said section the words: ‘‘Provided, how- 
ever, that a member of the Board shall be eligible to succeed 
himself except the three who are first appointed for the short 
terms of one, two and three years respectively,’’ and inserting 
in lieu thereof the following: ‘‘And such appointees shall be 
_ eligible to succeed themselves,’’ so that said action as amended 
will read as follows: 

‘‘The Mayor of any such city shall appoint, subject to the 
approval of the Board of Aldermen, four (4) persons, who 
shall constitute a body corporate and be known as its ‘Board 
of Water Works’ and the Mayor of such city shall be an ex- 
officio member of said ‘Board of Water Works.’ Each ap- 
pointee shall be at least thirty years of age and reside within 
the city and be the owner in his own right of real estate sit- 
uated therein. No officer or employe of said city, whether 
holding a paid or unpaid office, shall be eligible for appoint- 
ment to the said board. The terms of the persons first ap- 
pointed, as above provided, shall be as follows: One for a 
term of one year; one for a term of two years; one for a term 
of three years, and one for a term of four years. Thereafter, 
as their terms expire, their successors shall be appointed in 
the same manner but for the terms of four years each, and 


862 AN ACT FOR THE GOVERNMENT OF | 





such appointees shall be eligible to succeed themsleves. All 
vacancies upon the board, whether caused by death or resigna- 
tion, shall be filled for the unexpired term by appointment in 
the same manner. Each member shall hold his office until his 
successor has been appointed and qualified.”’ 

Sec. 2. That Section 9, of said act, be amended by striking 
from said section the words, ‘‘One million ($1,000,000) dol- 
lars,’? and inserting in lieu thereof the following: ‘‘One 
million five hundred thousand ($1,500,000) dollars,’’ so that 
said section as amended will read as follows: 

‘‘Said Board of Water Works shall have the authority to 
borrow money and execute the necessary writings therefor, not 
to exceed the gross receipts for the current years, for the pur- 
pose of providing for any of the obligations of said water 
works corporation and for the current expenses of said board ; 
and, in addition thereto, whenever said board shall deem it 
expedient to provide for the funding of any outstanding bonds 
of such water works corporation or the funding of its floating 
indebtedness, it shall have the authority (the Commissioners of 
the Sinking Fund of such city having first, by resolution, con- 
sented thereto) to issue for either or both of said purposes 
the bonds of such water works corporation not to exceed in| 
amount the sum of one million five hundred thousand (¢1,500,- 
000) dollars, in denominations of one thousand ($1,000) dol- 
lars each, to mature not exceeding forty years from date, 
bearing interest at a rate not to exceed 4 per cent. per an- 
num, payable semi-annually, such interest to be evidenced by 
coupons attached, said bonds to be signed by the president 
and secretary of said board, and said coupons to be evidenced 
by the engraved signature of the secretary, and to secure the 
said bonds, with the coupons so attached, by a mortgage upon 
the rights, privileges, franchises and property of said water 
works corporation. Said bonds, when so issued, shall be placed 
with and sold by the Commissioners of the Sinking Fund at 
a price not less than their face value and the proceeds ap- 
pled by said Commissioners to the purpose for which the 
bonds were issued. It shall be the duty of the said Board of 
Water Works to provide, at any time any such bonds are 
issued, for a sinking fund which shall be sufficient to pay 
said interest coupons and to retire the principal of said bonds 
at maturity, which sinking fund shall be deposited by said 
board with the Commissioners of the Sinking Fund of such 
city to be invested, managed, controlled and applied by said 
Commissioners for the payment of the interest and principal 
of the bonds so issued. Whe total bonded debt upon said 
property outstanding at any time shall not exceed one mil- 


CITIES OF THE FIRST CLASS. 863 


lion five hundred thousand ($1,500,000) dollars.’’ 

See. 3. Inasmuch as it is necessary to make provision for 
the refunding of bonds in accordance with the provisions of 
this act, prior to ninety days after the adjournment of the 
General Assembly, an emergency exists and is hereby declared 
and this act shall take effect from and after its passage. 

March, 1910. 





HOSPITAL COMMISSION. 


AN ACT to enable cities of the first class to construct a public 
hospital. 


Be it enacted by the General Assembly of the Commonwealth 
of Kentucky: 


§ 1. The mayor of any city of the first class may appoint 
four persons who, with the mayor as a member ex-officio, shall 
constitute a Hospital Commission. Of such appointees two 
shall be members of the Democratic party and two members 
of the Republican party. Each appointee shall be at least 
twenty-five years of age and reside within the city, and be 
the owner in his own right of real estate. No officer or employe 
of said city, whether holding a paid or unpaid office, shall be 
eligible for appointment to the said Commission. Such ap- 
pointees shall be subject to the approvai of the Board of 
Aldermen. The term of office shall be four years, but if the 
work herein provided for is sooner completed such term of 
office shall expire at such completion. Vacancies shall be filled 
for. the unexpired term in the same manner as the original 
appointment. | 

§ 2. The persons appointed as provided for in the first 
section and their successors shall constitute a body corporate 
under the name of the Commissioners of Hospital of 
(the name of the city in which they are appointed being used 
to fill the blank), and shall have capacity to contract and be 
contracted with, to sue and be sued in that name, and to 
adopt a seal and alter the same at pleasure. Said Commission 
shall elect a chairman from the appointed members. It shall, 
by unanimous vote, elect a secretary and treasurer, not a 
member of the Commission who shall hold the combined office 
at the pleasure of a majority of the Commission, and receive 
a salary to be fixed by the Commission, not exceeding $1,800 
per annum, to be paid by the Commission. It shall, by like 





864 AN ACT FOR THE GOVERNMENT OF 


vote (but not until nor unless the bonds provided for in section 
10 of this act shall be voted,) elect a superintendent of con- 
struction. This officer must be a draughtsman, experienced in 
and familiar with fireproof construction and the erection of 
large buildings and their mechanical equipment, and experi- 
enced in reading and executing architect’s plans and 
specifications. He shall give his entire attention to the affairs 
of the Commission, and shall receive as compensation a salary, 
to be fixed and paid by the Commission, not exceeding $4,000 
per annum. He shall be removable at the pleasure of a major- 
ity of the Commission. The appointed members of the Com- 
mission shall receive no compensation, but shall be allowed 
their expenses of travel when on business of the Commission. 

§ 3. It shall be the duty of the Commission to make such 
eareful examination of the method of constructing and fur- 
nishing public hospitals as may enable it to determine the best 
plan of erecting and furnishing a public hospital that will 
fully answer the needs of the city for which it is appointed, 
taking into consideration its probable growth, including the 
necessary buildings and their ventilation, heating, lighting 
and furnishing. The Commission: shall have the power to em- 
ploy one or more architects to submit plans for such construe- 
tion and furnishing, together or separately, and to attend 
to the carrying out of the same, and pay a reasonable com- 
pensation therefor (but no compensation shall be paid any 
such architects until or unless the bonds provided for in see- 
tion 10 of the act shall be voted). 


§ 4. The chairman, superintendent of construction and the 
secretary and treasurer of the Commission shall each give 
bond, with approved surety in such sum as may be fixed by 
the Commission, which bond shall be payable to the Com- 
mission, and oblige the makers thereof to perform faithfully 
the duties of their several offices, and faithfully account for 
and pay over all money or other thing of value which may 
come into their several hands. The premium for said bonds 
shall be paid by the Commission. 

§ 5. When the Commission shall have determined upon 
a general plan for the construction and furnishing of a public 
hospital, which, in its judgment, is the most expedient to be 
determined’ upon, it shall report the same, as well as such 
other proposed plans as it may deem expedient, to the mayor, 
giving a description of the general plan of the construction 
and furnishing of the hospital and the probable cost of carry- 
ing out each plan. The mayor shall lay this report before the 
general council and the plan recommended by the Commission 
shall be adopted and carried out by the Commission unless 


CITIES OF THE FIRST CLASS. 8E> 


the plan recommended by the Commission shall, within thirty 
days after it has been received by the general council, be 
rejected and disapproved by a two-thirds vote of all the mem- 
bers of each board of the general council, each of said boards. 
sitting separately. If said plan so recommended by the Com- 
mission be so rejected by the general council, then at any 
time within thirty days thereafter one or the other of the 
alternative plans presented as aforesaid to the general council 
may be considered by it, and of these plans the one shall 
finally be adopted which shall be approved by a two-thirds 
vote of all the members of each board of the general council, 
each of said boards sitting separately; and if none of the plans 
so submitted receives the necessary two-thirds vote within. 
thirty days after the one recommended by the Commission 
has been rejected as aforesaid, then said Commission, with 
the approval of the mayor, shall have the right to choose @ 
plan and carry it out. The general council shall have no 
power to vary any plan proposed and presented by the Com- 
mission, but adopting one of those reported must adopt it im 
its entirety. 

§ 6. Said Commission shall have full power and authority 
to carry out the purposes of this act, among which powers 
shall be the following; that is to say: 

(a) To make all such preliminary investigations and to 
do all such preliminary work as should, in its judgment, pre- 
cede the actual construction of said public hospital. 

(b) To determine upon a proper site for such public hos- 
pital: Provided, however, That where in any such city there 
is at the time a public hospital, that site as it exists or as 
enlarged by the acquisition of such adjacent property as may 
be recommended by the Commission, shall be used unless the 
Commission shall unanimously determine that it is unsuitable 
for the purpose and shall reeommend to the mayor the acquisi- 
tion of another site. In the event of such recommendation 
the mayor shall lay the matter before the general council, 
who shall approve or disapprove the recommendation of the 
commission as to such change of site, and only upon the ap- 
proval of such change by resolution duly adopted by both 
boards of the general council and approved by the mayor, 
shall such new site be adopted. In the event a new site is 
used the proceeds of the sale of the old site shall go to the 
payment for the new site. | 

(ce) To provide accommodations for patients of the exist- 
ing public hospital while the new building is in course of 
erection and furnishing: Provided, however, That the generat 
council may, out of its levy for charitable institutions, assume 
the whole or part of the expense of providing such temporary 


866 AN ACT FOR THE GOVERNMENT OF 





accommodations, to the relief of the funds of the Commission. 


(d) Besides the Superintendent of Construction. the Com- 
mission may appoint or employ such other professional or 
technical advisers and experts and such agents, assistants, 
¢lerks, employes and laborers, skilled or unskilled, of all 
kinds, as it may deem requisite for the due and proper execu- 
tion of the duties devolved upon it by this act, and may fix 
their respective compensation and remove or discharge them 
at pleasure, and may exact from any of its officers or em- 
ployes such indemnity bonds for the proper performance of 
their respective duties as it may deem proper. 

(e) To establish and enforce such reasonable rules and 
regulations for its own government and for the supervision, 
protection, management and conduct of its work and the pay- 
‘ment therefor as it may deem expedient. 

(f) To make and enter into, in its name, any and all 
contracts, agreements or stipulations germane to the SG0Ds 
of its duties and powers under this act. 

(¢) To purchase, hire, or otherwise obtain, the use of all 
such lands, building, machinery, tools, implements, supphes, 
appliances, materials and working agencies as it may need 
for its purposes: Provided, That this enumeration of special 
powers in the subdivisions of this section shall not be con- 
strued as restricting in any degree the scope of the general 
powers hereinbefore conferred upon the Commission. 

§ 7. Said Commission may acquire, by gift, purchase or 
lease, or by condemnation, any land or property situated 
wholly within the city where such hospital is located, or any 
interest, franchise, easement, right or privilege therein which 
may be required for the purpose of constructing, furnishing, 
maintaining and operating such public hospital. The method 
of condemnation of property shall be the same as that pro- 
vided for the condemnation for appropriate municipal ° pur- 
‘poses by eities of the first class. 

§ 8. All work to be done, or supplies or materials to be 
purchased in earrying out the purposes of this act, when in- 
volving an expenditure of five hnudred dollars or more, shall 
be by contract awarded to the lowest and best bidder, but 
the Commission, with the consent of four of the members 
may itself do any part or parts of such work under such 
conditions as it may prescribe, by day labor, whenever the 
superintendent of construction, in writing, shall recommend 
that course. All bids or parts of bids, for any work or sup- 
plies or materials may be rejected by said Commission. This 
section shall not apply to nor be construed so as to limit the 
power of the Commission in the employment of architects, 


CITIES OF THE FIRST CLASS. 867 


employes, clerks, or agents, nor to the renting of grounds or 
buildings for the accommodation of patients while the hospital 
is in course of construction and furnishing. 


§ 9. In order to provide money for the construction and. 
furnishing of the said public hospital the general council may 
adopt an ordinance submitting to the voters of the city, at 
the November election, 1910, the question whether bonds of 
the city shall be issued for the purpose of carrying out the 
work herein provided for. The ordinance shall provide the 
date and maturity of such bonds, the rate of interest they 
shall bear and the total amount to be issued, which shall not: 
exceed one million dollars, and the ordinance shall also con- 
tain the necessary details in reference to the execution and 
delivery of said bonds, their denominations, coupons to be 
annexed, tax to be levied to pay the interest, and a sinking 
fund to retire such bonds at maturity. Such ordinance for 
the submission of the question of issuing bonds to the people 
may be adopted by the general council either prior or subse- 
quent to the selection of the plan to be used in the construc- 
tion of said public hospital. 


§ 10. If the voters of the city shall determine that such 
bonds shall be issued, they shall, when so issued, be placed 
under the control of said Commission, who shall determine 
when and at what price and how they shall be sold: Provided, 
That no such bonds shall be sold for less than par, and pro- 
vided, further, that any premium which may be obtained from 
said bonds shall constitute a part of the sinking fund for their 
ultimate retirement. As the said bonds are sold, their pro- 
ceeds shall go to the credit of the Commission in the same 
depositaries which are selected for the deposit of the funds 
of the Sinking Fund Commissioners of the city, and upon the 
same agreement as to interest, and shall be withdrawn only 
upon the checks of the secretary and treasurer of the Com- 
mission, countersigned in such manner and accompanied by 
voucher approved in such manner, as may be prescribed by 
regulations to be adopted by the Commission. 

§ 11. All disbursements of the Commission, including com- 
pensation to its officers, agents and others employed by it, 
shall come out of the proceeds of the sale of the said bonds: 
Provided, however, that the Commission shall have the right 
to borrow enough money to defray the liabilities incurred 
by it up to the time it shall receive such proceeds, and in the 
event that the voters of the city shall reject the said ordinance, 
then the city shall be responsible for the repayment of all 
money so borrowed; and provided that in the event the said 


‘S68 AN ACT FOR THE GOVERNMENT OF 


ordinance to be submitted to the people is not adopted by 
them, then on the first day of December, 1910, the powers 
herein granted to the said commission shall cease and the said 
Commission shall stand dissolved. 

§ 12. Upon the dissolution of the said Commission, as pro- 
‘vided in Section 11, or upon its dissolution growing out of its 
completion of the work and the consequent expiration of the 
terms of the members of the Commission, all property, real, 
‘personal and mixed, franchises, easements, maps, plans, books 
and papers, shall, by operation of law, and whether acquired 
by gift, purchase, condemnation or any other method, vest 
in and become the property of the city, and all money then 
an the hands of the Commission shall be by it turned over to 
the city to be used first to defray any liabilities which have 
‘been incurred by the Commission; and, second, the balance, 
if any, to be paid into the hands of the Commissioners of the 
‘sinking fund of such city to be used by them as a sinking fund 
for the bonds hereinbefore provided for. The Commission 
‘shall pay out of proceeds of the sale of said bonds all valid 
claims for damages or otherwise which may be preferred 
against it, and the city shall not be liable for any debt which 
‘the Hospital Commission may incur, or any claim for damages 
which may be asserted or awarded against said Commission. 

§ 18. All legal services or advice required by the Hospital 
Commission shall be rendered by the City Attorney and his 
assistants without additional compensation. 


§ 14. Section 2827, Kentucky Statutes, vesting in the 
Board of Public Works of cities of the first class supervision 
and control over the construction of all public buildings and 
public improvements shall, to the extent that it conflicts with 
this act, stand repealed, and Section 2861, Kentucky Statutes, 
vesting in the Board of Safety exclusive control of all matters 
relating to the city hospital shall, to the extent that it con- 
‘flicts with this act, stand repealed; Provided, That after said 
public hospital shall be constructed and turned over to the 
eity, as provided in Section 12 of this act, then said two sec- 
tions shall attach and thereafter continue as provided by an 
act entitled ‘‘An Act for the Government of Cities of the 
‘First Class.’’ 

§ 15. This act shall become a law from and after its pass- 
age, there being an emergency for the immediate taking effect 
of this act by reason of the fact that cities of the first class 
are in urgent need of a public hospital. 

March, 1910. 


CITIES OF THE FIRST CLASS. 869 





TENEMENT HOUSE ACT. 


AN ACT concerning tenement houses, apartment houses and 
flat houses in cities of the first-class, and relating to their 
construction, reconstruction, alteration, maintenance, sani- 
tation, inspection, protection, safety, control and regula- 
tion, and providing penalties for violations of this Act. 


Be it enacted by the General Assembly of the Commonwealth 
of Kentucky: 


ARTICLE I. 


General Provisions. 


§ 1. Short Title—This Act shall be known as the ‘‘Tene- 
ment House Act.’’ 

§ 2. Definitions.—Certain words and terms in this Act are 
defined for the purposes thereof as follows: 

1. Words used in the present tense include the future; 
words in the masculine gender include the feminine and 
neuter; the singular number includes the plural, and the 
plural the singular; the word ‘‘person’’ includes a corporation 
as well as a natural person. 

2. A ‘‘tenement house’? is any house or building, or por- 
tion thereof, in a city of the first-class, which is rented, leased, 
let or hired out, to be oceupied, or is occupied, or is intended, 
arranged or designated to be occupied as the home or residence 
of three families or more, living independently of each other, 
and doing their cooking upon the premises, and having a com- 
mon right in the halls, stairways, vard, cellar, water-closets 
or privies, or some of them, and includes apartment houses and 
flat houses in cities of the first-class. 


3. A ‘‘yard’’ ig an open, unoccupied space on the same lot 
with a tenement house, between the extreme rear line of the 
house and the extreme rear line of the lot. 


4. A ‘‘eourt’’ is an open, unoccupied space, other than a 
yard, on the same lot with a tenement house. <A court, not 
extending to a street or yard, is an inner court. <A court, ex- 
tending to a street only, is a street court. A court extending 
to a yard or alley only, is a yard court. <A court extending 
through from street to yard or alley, is a through court. 


870 AN ACT FOR THE GOVERNMENT OF. 





5. A ‘‘shaft’’ includes exterior and interior shafts, 
whether for air, light, elevator, dumbwaiter, or any other 
purpose. 

6. A ‘‘public hall’’ is a hall, corridor or passageway not 
within an apartment. 

7. <A ‘‘stair hall’’ ineludes the stairs, stair landings and 
those portions of the public halls through which it is necessary 
to pass in going between the entrance floor and the roof. 

8. <A ‘‘basement’’ is a story partly, but not more than one- 
half below the level of the curb. 


9. An ‘‘apartment’’ is a suite of two or more rooms used 
or intended to be used as the home of one family or household. 


10. By a ‘‘corner lot,’’ as used in this Act, is meant a lot 
abutting on two intersecting streets, or a street and an inter- 
secting highway or public alley not less than twenty feet wide 
measured between the property lines. 


11. The word ‘‘nuisanee,’’ in this Act, shall be held to 
embrace a public nuisance, as known at common law or in 
equity jurisprudence; and it is hereby further enacted that 
whatever is dangerous to human life or detrimental to health 
in, under, over, around or about a tenement house; whatever 
tenement house, or part thereof, is overcrowded with occu- 
pants, or is not provided with adequate ingress and egress to 
and from the same, or the apartments thereof; whatever tene- 
ment house or part thereof is not sufficiently supported, ven- 
tilated, sewered, drained, cleaned or lighted, in reference to 
the intended or actual use; and whatever renders the air or 
luman food cr drink therein unwholesome, are also 
severally, in contemplation of this Act, nuisances; and all suck 
nuisances are hereby declared illegal. 


12. The word ‘‘shall’’ is always mandatory, and not dt- 
rectory, and denotes that the house shall be made and main- 
tained, in all respects, according to this Act, as long as it 
continues to be a tenement house. 


13. Wherever the words ‘‘charter,’’ ‘‘ordinance,’’ ‘‘regu- 
lations,’’ ‘‘department of buildings,’’ ‘‘building department,’” 
“‘health department,’’ ‘‘department of health,’’ ‘‘department 
charged with the enforcement of this Act,’’ ‘‘city attorney,’” 
*‘eorporation counsel,’’ ‘‘city treasury,’’ or ‘‘fire limits,’’ oc- 
cur in this Act, they shall be construced as if followed by the 
words ‘‘of the city of the first-class in which the tenement 
house is situated.’? Wherever the words ‘‘is occupied’’ are 
used in this Act, applying to a building, such words shal! be 
construed as if followed by the words “‘or in intended, arranged 
or designed to be oceupied.’’ 


CITIES OF THE FIRST CLASS. S71 


15. The ‘‘height’’ of a tenement house is the perren- 
dicular distance, measured in a straight line from the curb 
level to the highest point of the roof beams, the measurements 
in all cases to be taken through the center of the facade of 
the house. Where a building is on a corner lot and there is 
more than one grade or level, the measurements shall be taken 
through the center of the facade on the street having the 
greatest grade. 

§ 3. Buildings Converted or Altered.—A building not 
erected for use as a tenement house, if hereafter converted or 
altered to such use, shall thereupon become subject to all the 
provisions of this Act affecting tenement houses hereafter 
erected. 

§ 4. Alterations and Change in Occupancy.—No tenement 
house hereafter erected shall at any time be altered so as to 
be in violation of any provision of this Act. And no tenement 
house erected prior to the passage of this Act shall at any time 
be altered so as to be in violation of those provisions of this 
Act applicable to such tenement house. If any tenement house, 
or part thereof, is occupied by more families than provided in 
this Act. or is erected, altered or occupied contrary to law, 
such tenement house shall be deemed an unlawful structure, 
and the health department may cause such building to be 
vacated. And such building shall not again be occupied until 
it or its occupation, as the case may be, has been made to 
eonform to the law. 

5.§ Law Not to be Modified.—No ordinance, regulation or 
ruling of any municipal body or authority shall repeal, amend, 
modify ior dispense with any provision of this Act; provided, 
however, that nothing contained in this Section or in this Act 
shall impair the right of any city of the first class to pass and 
enforce any ordinance regulating the subjects of buildings, 
sanitation, fire protection or inspection, provided such 
ordinance is not inconsistent with any of the provisions of this 
Act. 

§ 6. Time for Compliance.—All improvements specifically 
required by this Act in or upon tenement houses erected prior 
to the date of its passage, shall be made within two years from 
said date. 


~ 


ARTICLE II. 
Title 1. Light and Ventilation. 


S 7. Percentage of Lot Occupied.—No tenement house 
hereafter erected shall occupy more than eighty per centum of 


872 AN ACT FOR THE GOVERNMENT OF 





a corner lot; nor more than seventy per centum of any other 
lot. The measurements shall be taken at the ground level, 
except where there is a store on the ground floor, as specified 
in Sections eight and ten of this Act. 


§ 8. Yards.—Behind every tenement house hereafter 
erected there shall be a yard extending across the entire width 
of the lot, and at every point open from the ground to the sky 
unobstructed. The depth of said yard, measured from the 
extreme rear wall of the house to the rear line of the lot, shall 
be proportionate to the height of the building. In the case 
of tenement houses hereafter erected which are fifty feet in 
height, the yard shall not be less than fifteen feet in depth in 
every part. Said yard shall be increased in depth one foot for 
every additional twelve feet of height of the building or frac- 
tion thereof; and may be decreased in depth one foot for every 
twelve feet in depth in any part; except that, where there is a 
public alley at the rear of the lot, the width of said yard may 
be decreased by the width of said alley measured between the 
property lines; and except that where there is a store on the 
first story, and that story is or is intended to be occupied for 
business purposes only, of a kind not prohibited by this Act 
of this Act, said yard may be considered to start at the level 
of the second story beams; provided that the roof of said store 
is properly drained and finished with granitoid, or other roof- 
ing susceptible of being cleaned and swept and make accessible 
to a janitor. 

§ 9. Courts.—No court shall be less in any part than the 
minimum sizes prescribed in this section. In case of any tene-— 
ment house hereafter erected, the sizes of all inner and the 
width of all through courts upon which windows open shall 
be proportionate to the height of the building. The width of 
all street and yard courts shall be proportionate to the length 
of said courts. In case of any: tenement house hereafter 
erected which is fifty feet in height, the width of all inner 
courts shall be not less than twelve feet in any part, and the 
length shall not be less than twenty-four feet in any part, 
and for every twelve feet of increase, or fraction thereof, in 
the height of said building, such width and length shall each 
be increased at least one foot in the height of such story; and 
for every twelve feet of decrease in the height of the said 
building below fifty feet, such width and length may each be 
decreased one fioot; but no inner court shall ever be less than 
ten feet in width in any part, nor less than twenty feet in 
length in any part. No through court shall be less in width 
than the minimum prescribed for the inner court, except that 
where no windows open upon an outer court, such court may 


CITIES OF THE FIRST CLASS. 73 


have three feet as its minimum width. In case of a yard and 
street court, the width of such court shall never be less than 
one-half of its length; provided that nothing in this section or 
any other section of this act shall permit any increase in the 
maximum percentage of the lot permitted to be occupied by 
a tenement house as required in section seven of this act. 

§ 10. Courts Open at Top.—No court of a tenement house 
hereafter erected shall be covered by a roof or skylight, but 
every such court shall be at every point open from the ground 
to the sky unobstructed; except that where there is a store on 
the first story, and that story is, or is intended to be occupied 
for business purposes, of a kind not prohibited by this act, 
such court may start at the level of the first story beams; 
provided that the roof of said store is properly drained and 
finished with granitoid or other roofing susceptible of being 
cleaned and swept, and made accessible to a janitor. 

§ 11. Air Intakes. Every inner court shall be provided 
with one or more horizontal air-intakes at the bottom. Each 
such air-intake shall always communicate directly with the 
street, yard or alley, and shall consist of a fireproof passage 
way not less than thirty-five feet in area of cross section, which 
shall be left open and unobstructed, except that it may be 
closed by grills which shall not diminish its area more than 
ten per cent. No door or window shall open upon this intake 
unless it is at least two full stories in height. Where there is a 
store on the first story, as permitted by this act, the bottom 
of the court, as used in this section, shall be taken to mean the 
roof of said store. 

§ 12. Angles in Courts.—Nothing contained in the fore- 
eoing sections concerning courts shall be construed as prevent- 
ing windows at the angles of said courts, provided that the 
running length of the wall containing such. windows does not 
exceed six feet. 

§ 13. Tenements in Alleys.—No separate tenement house 
shall be erected upon any private alley. No separate tene- 
ment house shall be erected upon any public alley where there 
is not left an open space of at least twenty-five feet in width 
between the tenement house and the opposite property line. 

-§ 14. Buildings on Same Lot With Tenement Houses.—If 
any building is hereafter placed on the same lot with a tene- 
ment house, there shall always be maintained between the 
said buildings an open, unobstructed space extending upwards 
from the ground and extending across the entire width of the 
lot. Where either building is fifty feet in height, such open 
space shall be twenty-four feet from wall to wall; and for 





874 AN ACT FOR THE GOVERNMENT OR 


every twelve feet of increase, or fraction thereof, in the 
height of such building, such open space shall be increased two 
feet in depth throughout the entire width, and for every 
twelve feet of decrease in the height of such building below 
fifty feet, the depth of such open space may be decreased two. 
feet. And-no building of any kind shall be hereafter placed 
upon the same lot with a tenement house so as to decrease the 
minimum size of courts or yards as hereinbefore prescribed. 
And if any tenement house is hereafter erected upon any lot 
upon which there is already another building, it shall comply 
with all of the provisions of this act, and in addition, the space 
between the said building and the said tenement house shall 
be of such size and arranged in such manner as is prescribed 
in this section, the height of the highest building on the lot to 
regulate the dimensions. 


§ 15. Rooms, Lighting of and Ventilation of.—In every 
tenement house hereafter erected, every room, including water 
closet compartments and bath rooms, shall have at least one 
window opening directly upon the street, or upon a yard or 
court of the dimensions specified in this Act; and such window 
or windows shall be so located as to properly light all portions 
of such room. 


§ 16. Windows in Rooms.—In every tenement house here- 
ties erected, the total window area in each room, including 
water closet compartments and bath rooms, shall be at least 
one-tenth of the superficial floor area of the room, and the top 
of at least one window shall be not less than seven feet six 
inches above the floor, and the upper half of it shall be made 
so as to open the full width. No such window shall be less 
than twelve square feet in area between the stop beads. 


§ 17. Rooms, Size of. —In every tenement house hereafter 
erected, all rooms, except water closet compartments and bath 
rooms, shall be of the following minimum sizes: In each apart- 
ment there shall be at least one room containing not less than 
one hundred and fifty square feet of floor area, and each other 
room shall contain at least eighty-four square feet of floor 
area. Hach room shall be in every part not less than nine 
feet high from the finished floor to the finished ceiling. 


§ 18. Alcoves and Alcove Rooms.—In a tenement house 
hereafter erected, an aleove in any room shall be separately 
lighted and ventilated, as provided for rooms in the fore- 
going sections, and shall not be less than eighty square feet 
in floor area. No part of any room in a tenement house here- 
after erected shall be enclosed or subdivided at any time, 
wholly or in part, by a curtain, portier, fixed or moveable par- 


CITIES OF THE FIRST CLASS. S75 





tition or other contrivance or device, unless such part of the 
room so enclosed or subdivided shall contain-a separate window 
as herein required, and shall have a floor area of not less than 
eighty square feet. 

§ 19. Chimneys and Fireplaces.—In every tenement house 
hereafter erected, there shall be adequate chimneys running 
through every floor with an open fireplace or grate, or place 
for a stove, for every apartment, properly connectd with one 
of said chimneys. 


§ 20. Privacy._-In every tenement house hereafter 
erected, in each apartment of three or more rooms, access to 
every living room and bed room, and to at least one water 
closet apartment, shall be had without passing through any 
bed room. 


§ 21. Public Halls.——In every tenement house hereafter 
erected, every public hall shall have at each story at least one 
window opening directly upon the street or alley, or upon a 
yard or court whose opposite wall is not less than fifteen feet 
from said window... When there is but one window, such window 
shall either be at the end of the hall with the plane of the 
window at right angles to the leneth of the hall, or so placed 
in the side of the hall that the distance from said window to 
either end of the hall is not greater than the width of the hall. 
When there is more than one window, said windows may be 
placed upon the side of the hall, provided that the distance 
between the windows is not in excess of twice the width of 
the hall, and the distance from the end of the hall to the near- 
est window is not in excess of the width of the hall. 

§ 22. Windows and Skylights for Public Halls, Size of. —~ 
One at least of the windows provided to hight each public hall 
or part thereof shall be at least two feet six inches wide and 
five feet high, measured between stop beads. In every such 
house there shall be in the roof, directly over each stair well, 
a ventilating skylight provided with ridge ventilators having 
a minimum opening of forty square inghes, or such skylight 
shall be provided with fixed or movable louvres. 

§ 23. Windows for Stair Halls, Size of.—In every tene- 
ment house hereafter erected there shall be provided for each 
story at least one window to light and ventilate each stair 
hall, which window shall be at least two and a half feet wide 
and five feet high, measured between the stop beads. <A sash 
door shall be deemed the equivalent of a window in this and 
the two foregoing sections, provided that such door contains 
the amount of glazed surface prescribed for such window. 


O76 rag AN ACT FOR THE GOVERNMENT OF 





a Eid Oh See 
Sanitation. 


§ 24. Basement and Cellar Rooms.—In tenement houses 
hereafter erected no room in the cellar shall be constructed, 
altered, converted or occupied for living purposes; and 16 
room in the basement shall be constructed, altered, converted 
or occupied for living purposes, unless all of the following 
conditions are complied with: 

1. Such room shall be at least nine feet high in every part 
from the floor to the ceiling. 

2. The ceiling of such room shall be, in every part, at least 
four feet and six inches above the curb level of the street in 
front of such room, when such room or the apartment contain- 
ing it, is located in the front part of the building. When, how- 
ever, such room, or the apartment containing it, is located in 
the rear of the building, the yard across the entire width of 
the building shall be excavated so as to extend to a point be- 
low the floor level for a distance of at least three feet from the 
rear wall of the building. All courts upon which such room 
or apartment opens shall be excavated so as to extend to a 
point below the floor level of such room or apartment. Every 
such room shall be an integral part of an apartment contain- 
ing a room having a window opening directly to the street or 
yard. 

3. ‘There shall be appurtenant to such room a_ seperate 
water-closet, constructed and arranged as required by section 
twenty-nine of this Act. 

4. Such room shall have a window or windows opening 
upon the street, or upon a yard or court. The total area of 
windows in such room shall be at least one-eighth of the super- 
ficial area of the room, and the upper half of the window shall 
be made to open the full width. No such window shall be less 
than twelve square feet in area between the top beads. 


D9. All walls surrounding such room shall be damp-proof. 


6. The floor of such room shall be damp-proof and water- 
proof. ae 

§ 26. Cellars, Damp-proofing and Lighting.—Every tene- 
ment house hereafter erected shall have all walls below the 
eround level and all cellars or lower floors damp-proof and 
water-proof. When necessary to make such walls and floors 
damp-proof and water-proof, the damp-proofing and water- 
proofing shall run through the walls and up the same as high 
as required and shall be continued throughout the floor, and 


CITIES OF THE FIRST CLASS. S77 


the cellar or lowest floor shall be properly constructed so as to 
prevent dampness or water from entering. All cellars and 
basements in such tenement houses shall be properly lighted 
and ventilated in all their parts. 

§ 27. Shafts, Courts, Areas and Yards.—In every tene- 
ment house hereafter erected, the bottom of all shafts, courts, 
areas and yards which extend to the basement or cellar shall 
extend six inches below the floor level of said basement or 
cellar. In every tenement house hereafter erected all shafts. 
courts, areas and yards shall be properly graded and drained, 
and all shafts, courts and areas shall be paved. 

§ 28. Water Supply.—tIn every tenement house hereafter 
erected there shall be in each apartment a proper sink with 
running water. - 

§ 29. Water-closet Accommodations —In every tenement 
house hereafter erected there shall be a separate water-closet 
in a separate compartment within each apartment. Each such 
water-closet shall be placed in a compartment completely sep- 
arated from every other water-closet; such compartment shall 
be not less than three feet wide, and shall be inclosed with 
plastered partitions, which shall extend to the ceiling. Every 
such compartment shall have a window opening directly upon 
the street or upon a court or yard, except that where there is 
an adequate system of enforced ventilation said compartment 
may open upon a shaft. Every water-closet compartment here- 
after placed in any tenement house shall be provided with 
proper means of lighting the same at night. If fixtures for 
gas or electricity are not provided in said compartment, then 
the door of said compartment shall be provided with trans- 
lucent glass panels, or with a translucent glass transom, not 
less in area than four square feet. The floor of every such 
water-closet compartment shall be made water-proof with 
asphalt, tile, stone or some other water-proof material; and 
such water-proofing shall extend at least six inches above 
the floor so that the said floor can be washed or flushed out 
without leaking. No drip trays shall be permitted. No water- 
closet fixtures shall be inclosed with any woodwork. 


§ 30. Sewer Connection—No tenemnt house shall here- 
after be erected on any street unless there is a public sewer 
therein or a private sewer connection directly with a public 
sewer. No cess-pool or privy vault or similar means of sewerage 
disposal shall be used in connection with any such tenement 
house, but every such house shall have its plumbing system 
connected with a public sewer before such house is occupied. 


S78 AN ACT FOR THE GOVERNMENT OF 





§ 31. Plumbing.—In every tenement house hereafter 
erected no plumbing fixtures shall be enclosed with woodwork. 
All plumbing pipes shall be exposed, when so required by the 
health department. In all tenement houses hereafter erected 
where plumbing or other pipes pass through floors or parti- 
tions, the openings around such pipes shall be sealed or made 
air-tight with plaster or other incombustible materials, so as to 
prevent the passage of air or the spread of fire from one floor 
to another or from room to room. 


ARTICLE SIL: 
Alterations. 


§ 32. Percentage of Lot Occupied. —No tenement house 
shall hereafter be enlarged, or its lot be diminished, so that 
a greater percentage of the lot shall be occupied by buildings 
or structures than provided in section seven of this Act. 


§ 33. Yards.—No tenement house shall hereafter be en- 
Jarged or its lot be diminished, so that the yard shall be less 
in depth than the minimum depths prescribed in Section eight 
of this Act for tenement houses hereafter erected. The meas- 
urements in all cases shall be taken from the extreme rear 
wall of the building to the rear hot line, and across the full 
width of the lot, and such yard shall be at every point open 
from the ground to the sky; except that, where there is a 
store on the first story and that story is or is intended to be 
occupied for business purposes only, of a kind not prohibited 
by this act, said yard may be considered to start at the level. 
of the second story beams; provided that the roof of said store 
is properly drained and finished with granitoid, or other roof- 
ing, susceptible of being cleaned and swept and made accessible 
to a janitor. 


§ 34. Light Courts in Existing Building.—Any court used 
or intended to be used to light or ventilate water-closet com- 
partments or rooms, and which may be hereafter placed in a 
tenement house eretced prior to the passage of this act, shall 
not be less in area than sixty-four square feet, nor less than 
eight feet in its least dimension, in any part, and such court 
shall, under no circumstances, be roofed or covered over at 
the top with a roof or skylight. Every such court shall be 
provided at the bottom with a horizontal air intake as pro- 
vided in section eleven of this Act. 

§ 35. Additional Rooms and Halls.—Any additional room 
ior hall that is hereafter constructed or created in a tenement 
house shall comply, in all respects, with the provisions of this 


CITIES OF THE FIRST CLASS. 879 


Act relating to new construction, except that such room or hall 
may be of the same height as the other rooms or hall on the 
same story of the house. 

§ 36. Rooms, Lighting and Ventilation of.—No tenement 
house shall be so altered that any room or public hall or stairs 
shall have its hght or ventilation diminished in any way. 

§ 37. Alcoves and Alcove Rooms.—No part of any room 
in a tenement house shall hereafter be inclosed or subdivided, 
wholly or in part, by a curtain, portiere, fixed or moveable 
partition or other contrivance or device, unless such part of 
the room so enclosed or subdivided shall contain a window 
as required by section eighteen of this Act, and have a floor 
area of not less than eighty square feet. 

§ 38. Skylights.—All new skylights hereafter placed in a 
tenement house shall be provided with ridge ventilators hav- 
ing a minimum opening of forty square inches and also with 
either fixed or moveable louvres or with moveable sashes, and 
shall be of such size as may be determined to be practicable 
by the health department. 

§ 39. Water-closet Accommodations.—Every new water- 
closet hereafter placed in a tenement house, except those pro- 
vided to replace a defective or antiquated fixture in the same 
location, shall comply with the provisions of section twenty- 
nine of this Act relative to water-closets in tenement houses 
hereafter erected. 


ARTICLE IV. 
Maintenance. 


§ 40. Public Halls, Lighting of, in the Daytime.—In every 
tenement house where the public halls and stairs are not pro- 
vided with windows opening directly to the street or yard, and 
such halls and stairs are not sufficiently lighted, the owner of 
such house shall keep a proper light burning in the hallway, 
near the stairs, upon each floor, as may be necessary, from 
sunrise to sunset. 

§ 41. Public Halls, Lighting at Night.—In every tenement 
house a proper light shall be kept burning by the owner in 
the public hallways, near the stairs, upon the entrance floor, 
and upon the second floor above the entrance floor of said 
house, every night from sunset to sunrise throughout the year, 
and upon all other floors of said house from sunset until ten 
o’clock in the evening. 


880 : AN ACT FOR THE GOVERNMENT OF 





§ 42. Water-closets in Cellars——No water-closet shall be 
maintained in the cellar of any tenement house without a 
special permit in writing from the health department. 

§ 43. Water-closet Accommodations.—There shall be pro- 
vided at least one water-closet for every four families in every 
tenement house existing prior to the passage of this Act. 

§ 44. Basement and Cellar Rooms.—Hereafter in tene- 
ment houses erected prior to the passage of this act, no room 
in the basement or cellar shall be occupied for living pur- 
poses without a written permit from the health department, 
and such permit shall be kept readily accessible in the main 
_ living room of the apartment containing such room. And no 
such room shall hereafter be occupied unless all the condi- 
tions of this section are comphed with; and said written per- 
mit shall be issued only when all of the said conditions are 
complied with and if the permit is refused the reason for 
such refusal shall be stated by said department in writing, 
and a copy thereof shall be kept in a proper book in, the office 
of said department, and be accessible to the public, and said 
eonditions are as follows, to-wit: 

1. Such room shall be at least seven feet high in every 
part from the floor to the ceiling. 

2. The ceiling of such room shall be in every part at least 
two feet above the surface of the street or ground ‘outside of 
or adjoining the same. 

3. There shall be appurtenant to such room the use of 
a water-closet. 


4. There shall be outside of and adjoining such room, and 
extending along the entire frontage of said room an open space 
at least three feet wide in every part, unless such room ex- 
tends for more than one-half of its height above the curb level. 
Such space shall be well and effectually drained. 

5. At least one of the rooms of the apartment of which 
such room is an integral part shall have a window or windows 
opening directly to the street or yard, of at least twelve square 
feet in size clear of the sash frame, and which shall open 
readily for purposes of ventilation. 

6. If the house is situated over marshy ground, or ground 
on which water lies, or ground on which there is water pres- 
sure from below, the lowest floor shall be waterproof and 
dampproof. 

7. Such room shall have sufficient light and ventilation. 
shall be well drained and dry, and shall be fit for human habi- 
tation in the opinion of the health department. 


In case of rooms located in tenement houses erected prior 
to the passage of this Act, which do not comply with all the 


CITIES OF THE FIRST CLASS. S81 


provisions of subdivisions one, two and four of this section, 
the health department may issue a special permit for occu- 
paney; provided said department shall certify in writing that 
such rooms have sufficient light and ventilation, are. well 
drained and dry, and are fit for human habitation. The pro- 
cedure in such cases shall be as follows: Upon receipt of a 
written request from the owner stating that there are rooms 
in the basement or cellar which are or have been occupied 
for living purposes, but which do not conform to the require- 
ments of subdivisions one, two and four of this section, and 
requesting a special permit for the occupancy of such room, 
the said department shall cause an inspection to be made, and 
a written report filed which shall state the respects in which 
said rooms do not conform to the requirements of said sub- 
divisions, and whether said rooms have sufficient light and 
ventilation, are well drained and dry, and are fit for human 
habitation. No such special permit, however, shall be issued 
unless such facts are certified to in writing by said depart- 
ment. Such special permits shall be issued only by the head 
of the department or his deputy, who may require such im- 
provements or alterations in said rooms, as may be practicable, 
as a condition precedent to the granting of said special per- 
mit. All reports and papers connected therewith shall be 
deemed public reeords in the health department. 

§ 45. Water-closets and Public Sinks.—In all tenement 
houses the floor or other surface beneath and around water- 
closets and sinks shall be maintained in good order and re- 
pair, and, if of wood, shall be kept well painted with light . 
colored paint. 

§ 46. Cellar Walls and Ceilings.—The cellar walls and ceil- 
ings of every tenement house shall be thoroughly whitewashed 
or painted a light color by the owner and shall be so main- 
tained. Such whitewash or paint shall be renewed whenever 
necessary, as may be required by the health department. 

§ 47. Repairs.—Every tenement house and all the parts 
thereof shall be kept in good repair, and the roof shall be kept 
so as not to leak, and all rain water shall be so drained and 
conveyed therefrom as to prevent its dripping on to the ground 
or causing dampness in the walls, ceilings, yards or areas. 

§ 48. Water Supply.—Every tenement house shall have 
running water furnished in sufficient quantity at one or more 
places on each floor occupied by or intended to be occupied 
by one or more families. The owner shall provide proper and 
suitable tanks, pumps or other appliances to receive and to 
distribute an adequate and sufficient supply of such water at 
each floor in the said house, at all times of the year, during 


882 AN ACT FOR THE GOVERNMENT OF 


all hours of the day and night. But a failure in the general 
supply of water by the city authorities shall not be construed 
to be a failure on the part of such owner, provided that proper 
and suitable appliances to receive and distribute such water 
have been provided in said house. 

§ 49. Cleanliness of Buildings.—Every tenement house and 
every part thereof shall be kept clean and free from any ac- 
cumulation of dirt, filth and garbage or other matter in or 
on the same, or in the yards, courts, passages, areas or al- 
leys connected with or belonging to the same. The owner 
of every tenement house or part thereof shall thoroughly 
cleanse and keep clean at all times all of the parts, appur- 
tenances and premises of a tenement house in common use 
among the tenants; and each tenant shall cleanse and keep 
clean at all times each room and apartment occupied by him, 
to the satisfaction of the health department. 

§ 50. Walls of Courts and Shafts.——The walls of all yard 
courts, and inner courts, unless built of a light color brick 
or stone, shall be thoroughly whitewashed by the owner or 
shall be painted a light color by him, and shall be so main- 
tained. Such whitewash or paint shall be renewed whenever 
necessary, as may be required by the health department. 

§ 51. Walls and Ceilings of Rooms.—In all tenement 
houses, the health department may require the walls and eeil- 
ings of every room that does not open directly on the street. 
to be kalsomined white or painted with white paint when 
necessary to improve the lighting of such room, and may re- 
quire this to be renewed as often as may be necessary. 

§ 52. Wall Paper.—No wall paper shall be placed upon a 
wall or ceiling of any tenement house unless all wall paper 
shall be first removed therefrom and said wall and ceiling 
thoroughly cleaned. 

§ 53. Receptacles for Ashes, Garbage and Rubbish.—The-. 
owner of every tenement house shall provide for said build- 
ing proper and suitable conveniences or receptacles for ashes,. 
rubbish, garbage, refuse and other matter. 

§ 54. Prohibited Uses.—No horse, cow, calf, swine, sheep, 
goat or chickens shall be kept in a tenement house, or on the 
same lot or premises thereof, and no tenement house, or the lot 
or premises thereof, shall be used for a lodging house for tran- 
sients or as a stable, or for the storage or handling of rags, 
or as a place of public assemblage, or as a place of assignation 
or prostitution. 

§ 55. Combustible Materials—No tenement house or any 
part thereof, or the lot upon which it is situated, shall be 
used as a place of storage, keeping or handling of any com- 


CITIES OF THE FIRST CLASS. S83 





bustible article, except under such conditions as may be pre- 
scribed by the health department, under authority of a written 
permit issued by said department. No tenement house or 
any part thereof, or the lot upon which it is situated, shall be 
used as a place of storage, keeping or handling of any article 
dangerous or detrimental to hfe or health, or for the storage, 
Keeping or handling of feed, hay, straw, excelsior, cotton, 
paper stock, feathers or rags. 

§ 56. Bakeries and Fat Boiling.—No bakery and no place of 
business in which fat is boiled, shall be maintained in any 
tenement house which is not fireproof throughout. 

§ 57. Other Dangerous Businesses.—There shall be no tran- 
som, window or door opening into a hall from any portion of 
a tenement house where paint, oil, spirituous or intoxicating 
liquors or drugs are stored for the purpose of sale or other- 
wise. 

§ 58. Janitor or Housekeeper.—In any tenement house in 
which the owner thereof does not reside, and where there are 
ten or more apartments, there shall be a janitor, housekeeper 
or other responsible person, who shall reside in said house and 
have charge of the same, if the health department shall so 
require. 

§ 59. Overcrowding.—If a room in a tenement house is 
overcrowded, the health department may order the number sf 
persons sleeping or living in said room to be so reduced that 
there shall not be less than six hundred cubic feet of air to 
each adult, and four hundred cubic feet of air to each child 
under twelve years of age occupying such room. 

§ 60. Infected and Uninhabitable Houses to be Vacated.— 
Whenever it shall be that a tenement house, or any part there- 
of, is infected with contagious disease, or that it is unfit for 
human habitation, or dangerous to life or health by reason of 
want of repair, or defects in the drainage, plumbing, ventila- 
tion, or the construction of the same, or by reason of the ex- 
istence on the premises of a nuisance likely to cause sickness 
among the occupants of said house, the health department may 
issue an order requiring all persons therein to vacate such 
house, or part thereof, within not less than twenty-four hours 
nor more than ten days, for reasons to be mentioned in said 
order. In ease such order is not complied with within the 
time specified, the health department may cause said tene- 
ment house or part thereof to be vacated. The department, 
whenever it is satisfied that the danger from said house or 
part thereof has ceased to exist, or that it is fit for human 
habitation, may revoke said order, or may extend the time 
within which to comply with the same. 


S84 AN ACT FOR THE GOVERNMENT OF 


S 61. Repairs to Buildings, Etc.—Whenever any tenement 
house or any building, structure, excavation, business pursuit, 
matter or thing, in or about a tenement house, or the lot on 
which it is situated, or the plumbing, sewerage, drainage, hght 
or ventilation thereof, is, in the opinion of the health depart- 
ment, in a condition dangerous or detrimental to life or health, 
the health department may declare that the same, to the ex- 
tent it may specify, is a public nuisance, and may order the 
same to be removed, abated, suspended, altered or otherwise 
improved or purified, as the order shall specify. The health 
department may order or cause any tenement house or part 
thereof or any excavation, building, structure, sewer, plumb- 
ing pipe, passage, premises, ground, matter or thing, in or 
about a tenement house, or the lot on which it is situated, 
to be purified, cleaned, disinfected, removed, altered, repaired 
or improved. If any order of the department is not complied 
with, within five days after the service thereof, or within such 
time as the department may designate, then such order may 
be executed by said department through its officers, agents, 
employes or contractors. 

§ 62. Fire Escapes.—Every tenement house hereafter 
erected, over two stories and a basement in height, and every 
building hereafter altered for use as a tenement house, over 
two stories and a basement in height, shall be equipped and 
kept equipped with such fire escapes for each floor as shall 
be deemed adequate by the building department. The owner 
of every tenement house shall keep all the fire escapes thereon 
in good order and repair, and whenever rusty shall have them 
properly painted with two coats of paint. No person shall 
at any time place any incumbrance of any kind before or 
upon any such fire-escape. Every tenement house hereafter 
erected within the fire limits shall be of fire-proof construe- 
tion. Every tenement house hereafter erected, over three 
stories and a basement tn height, and every non-fire-proof 
building hereafter altered for use as a tenement house, over 
three stories and a basement in height, shall be of fire-proof 
construction. 

§ 63. Fire Proofing, Scuttles, Bulkheads, Ladders and 
Stairs.—All seuttles and bulkheads and all stairs or ladders 
leading thereto shall be easily accessible to all tenants of the 
building, and kept free from incumbrance, and ready for use 
at all times. No scuttle and no bulkhead door shall be at any 
time locked with a key, but either may be fastened on the 
inside by sliding bolts or hooks. | 


CITIES OF THE FIRST CLASS. S85 


4. Where owing to the size of partitions, arrangement of 
rooms, location of fixed closets or stairs, or the interposition 
of air shafts, it is impracticable to provide a window of the: 
required size, and. a window as large as practicable is pro- 
vided. 

§ 65. Public Halls, Lighting of.—In every tenement house 
whenever a public hall on any floor is not hght enough in the 
daytime to permit a person to read common news-print of a 
newspaper in every part thereof without the aid of artificial 
light, the wooden panels in the doors located at the ends of 
the public halls and opening into rooms, shall be removed, 
and ground glass, or other translucent glass or wire glass 
panels of an aggregate area of not less than four square feet 
for each door, shall be substituted; or said public hall may be 
lighted by a window or windows at the end thereof with the 
plane of each window at right angles to the axis of the said 
hall, said window or windows opening upon the street or upon 
a yard or court. 


§ 66. Public Halls, Lighting and Ventilation of.—In all 
tenement houses erected prior to the passage of this act, the 
public halls and stairs shall be provided with as much light 
and ventilation to the outer air as may be deemed practicable 
by the health department, which may order such improve- 
ments and alterations in said houses as in its judgment 
may be necessary to accomplish this result. All new sky- 
lights hereafter placed in such houses shall be provided with 
ridge ventilators having a minimum opening of forty square 
inches and also with either fixed or moveable louvres or with 
movable sashes, and shall be of such size as may be determined 
to be practicable by said department. 


§ 67. Public Sinks.—In all tenement houses erected prior. 
to the passage of this act, the woodwork inclosing sinks lo- 
eated in the public halls or stairs shall be removed, and the 
space underneath said sinks shall be left open. The floors and 
wall surfaces beneath and around the sink or sinks shall be 
put in good order and repair and, if of wood, shall be well 
painted with light-colored paint. 


§ 68. Water-Closets——In all tenement houses erected prior 
to the passage of this act, the woodwork inelosing all water- 
closets shall be removed from the front of said closets, and the 
space underneath the seat shall be left open. The floor or 
other surface beneath and around the closet shall be put in 
good order and repair, and if of wood, shall be well painted 
with light-colored paint. : 


S85 AN ACT FOR THE GOVERNMENT OF 





ARTICLE IV. 


Improvements. 


§. 64. Rooms, Lighting and Ventilation of—No room in a 
tenement house existing prior to the passage of this Act shall 
hereafter be occupied for living purposes unless it shall have 
a window opening directly upon the street, or upon a yard 
not less than four feet deep, or above the roof of an adjoining 
building, or upon a court of not iess than twenty square feet 
in area, open to the sky without roof or skylight, unless such 
room is located on the top floor and is adequately hghted and 
ventilated by a skylight opening directly to the outer air. 
Every room which does not comply with the above provisions 
shall be provided with a sash window, opening into an adjoin- 
ing room in the same apartment which latter room either 
opens directly on the street or on a yard of the above dimen- 
sions. Said sash windows shall be a vertically-sliding pulley 
hung sash not less than three feet by five between stop beads; 
both halves shall be made so as to readily open, and the lower 
half shall be glazed with translucent glass, and so far as pos- 
sible it shall be in line with windows in outer rooms opening 
on the street or yard so as to afford a maximum of light and 
ventilation. In the case of rooms located in apartments that 
extend through from the street to the yard, thus insuring 
through ventilation, where such rooms are already provided 
either with windows, window openings, glass sliding doors, 
or large alcove openings to adjoining rooms, but do not com- 
ply with all the provisions of this section, the health depart- 
ment when satisfied that no material improvement in the hght 
and ventilation of such rooms can be had that would warrant 
the providing of new windows of the size and kind specified, 
may permit the occupancy of such rooms for living purposes 
in certain cases, provided such improvements or alterations 
as may be practicable and as are required by said department 
are made by the owner, and said certain cases are as follows: 

1. Where there is an existing window or window-opening 
from such interior room to an odjoining room and such win- 
dow or opening is not less than ten square feet in area. 

2. Where there is an existing glass sliding door or an al- 
cove opening of sufficient size from such interior room to an 
adjoining room. 

3. Where rooms located on the top floor open upon a 
court of less size than twenty square feet or closed at the top, 
but such rooms have sufficient light and ventilation. 


CITIES OF THE FIRST CLASS. 887 


§ 69. Privy Vaults, School Sinks and Water Closets.—In 
all tenement houses erected prior to the passage of this Act, 
where a connection with a sewer is possible, all school sinks, 
privy vaults or other similar receptacles used to receive fecal 
matter, urine or sewage, shall, within two years from the 
passage and approval of this Act, be completely removed and 
the place where they were located disinfected under the di- 
rection of the health department. Such appliances shall be 
replaced by individual water-closets of durable non-absorbent. 
material, properly sewer-connected, and with individual traps, 
and properly-connected flush tanks providing an ample flush 
of water to thoroughly cleanse the bowl. Each water-closet 
shall be located in a compartment completely separated from 
every other water-closet, and such compartment shall contain 
a window of not less than three square feet in area opening 
directly to the street or yard or on a court. The floors of the 
water-closet compartments shall be water-proof as provided 
in section twenty-nine of this Act. Where water-closets are 
placed in the yard, to replace school sinks or privy vaults, 
long hopper closets may be used; but all traps, flush tanks 
and pipes shall be protected against the action of frost. In 
such eases, the structure containing the water-closets shall 
not exceed ten feet in height; such structure shall be pro- 
vided with a ventilating sky-light in the roof, of an adequate 
size, and each water-closet shall be located in a compartment 
completely separated from every other water-closet. Proper 
and adequate means for lighting the structure at night shall 
be provided. There shall be provided at least one water- 
closet for every four families or less in every tenement house 
existing on the day this act takes effect. Except as in this 
section otherwise provided, such water-closets and all plumb- 
ing in connection therewith shall be in accordance with the 
ordinances and regulations of the city in relation to plumb- 
ing and drainage. 


§ 70. Basements and Cellars.—The floor of the cellar or 
lowest floor of every tenement house shall be free from damp- 
ness and, when necessary, shall be conereted with four inches 
of concrete of good quality and with a finished surface. The 
cellar ceiling of every tenement hcuse shall be plastered, when 
so required by the health department, except where such 
ceiling is already well sheathed with matched boards, or well 
covered with a metal ceiling, or where the first floor above the 
cellar is constructed of iron beams and fireproof filling. 

§ 71. Shafts and Courts.—In every tenement house there 
shall be at the bottom of every shaft and inner court, a door 
giving sufficient access to such shaft or court to enable it to 


S88 AN ACT FOR THE GOVERNMENT OF 





be properly cleaned out; provided, that where there is already 
a window or door in a tenement house, giving proper access 
to such shaft or court, such window or door shall be deemed 
sufficient. 


ARTICLE VI. 


Requirements and Remedies. 


§ 72. Permit to Commence Building.—Before the construe- 
tion or alteration of a tenement house, or the alteration or 
conversion of a building for use as a tenement house, is com- 
menced, and before the construction or alteration of any 
building or structure on the same lot with a tenement house, 
the owner or his agent or architect, shall submit to the In- 
spector of Buildings and to the Health Department, a detailed 
statement in writing verified by the affidavit of the person 
making the statement, of the specifications for the light and 
ventilation and sanitation of such tenement house or building, 
and also a full and complete copy of the plans of such house 
or building and’of the proposed work, and a correct plat, by 
dimensions, of the lot occupied or to be occupied. Such state- 
ment shall give in full the name and residence, by street and 
number, if any, of the owner or owners of such tenement 
house or building. If such construction, alteration or con- 
version is proposed to be made by any other person other than 
the owner of the land in fee, such statement shall also contain 
the full name and residence, by street and number, if any, 
of such other person, whether he be owner, lessee or agent. 
Said affidavit shall allege that said specifications and plans 
are true, and contain a correct description of such tenement 
house, building, structure, lot and proposed work. The state- 
ments and affidavits herein provided for may be made by the 
owner, or the person who proposes to make the construction, 
alteration or conversion, or by his agent or architect. No 
person, however, shall be recognized as the agent of the 
owner, for the purpose of this Act, unless he shall file with 
the said department a written instrument, signed by such 
owner, designating him as such agent. Any false swearing 
in a material point in any affidavit provided for in this Act 
shall be deemed such, and punished as such under the laws of 
the Commonwealth. Such specifications, plans, affidavits and 
statements shall be filed in the said departments and shall be 
deemed public records, and no such specifications, plans, affi- 
davits or statements shall be removed from said departments. 
The said departments shall cause all such plans, statements, 


CITIES OF THE FIRST CLASS. 889 





affidavits and specifications to be examined, and if they con- 
form to the provisions of this Act relative to the ight, ventila- 
tion and sanitation of tenement houses, they shall be approved 
by the health department, and a written certificate to that 
effect shall be issued to the person submitting the same. Com- 
pliance with the provisions of this Act, other than those 
relating to light, ventilation and sanitation, shall be under 
the supervision of the department of building, and if such 
plans, statements, affidavits and specifications conform to the 
provisions of this Act in such other respects, they shall also 
be approved by said building department, and a written cer- 
tificate to that effect issued to the person submitting the same. 
The respective departments may, from time to time, approve 
changes in any plans and specifications previously approved 
by them, provided the plans and _ specifications when so 
changed shall be in conformity with the law. The construc- 
tion, alteration or conversion of such tenement house, build- 
ing or structure or any part thereof, shall not be commenced 
until the filing of such plans, affidavits, specifications and 
statements, and the approval thereof, as above provided. The 
construction, alteration or conversion of such house, building 
or structure, shall be in accordance with such approved spec- 
ifications and plans. Any permit or approval which may be 
issued by the health or building department, but under which 
no work has been done above the foundation walls within one 
year from the time of the issuance of such permit or approval, 
shall expire by lmitation. Said departments or either of 
them shall have power to revoke or cancel any permit or 
approval in case of any failure or neglect to comply with any 
of the provisions of this Act, or in case any false statement 
or representation is made in any specifications, plans, affidavits 
or statements submitted or filed for such permit or approval. 


§ 74. Certificate of Compliance.—No tenement house here- 
after altered or constructed or building altered into a tene- 
ment house shall be occupied in whole or in part for human 
habitation until the issuance of a certificate by the health 
department that said building conforms in all respects to the 
requirements of this act relative to the light, ventilation and 
sanitation of tenement houses, and until the issuance of a cer- 
tifieate by the building department, that said house conforms 
in all other respects to the requirements of this act. 

§ 74. Penalties and Violations.—Every person who shall 
violate, or assist in the violation of any provision of this Act, 
shall be fined not less than ten dollars nor more than twenty- 
five dollars for each and every day that such violation shall 
eontinue. Such person or persons shall also be liable for all 


S90 AN ACT FOR THE GOVERNMENT OF 








costs, expenses and disbursements paid or incurred by said 
departments, or by any of the officers thereof, or by any agent, 
employe or contractor of the same, in the removal of any 
nuisance or violation. The existence of any nuisance or viola- 
tion of this act in or upon the property, shall subject said 
property to the fines and penalties prescribed by this act, and 
the said fines and penalties shall be a len thereon from the 
time of the creation or existence of such nuisance or violation, 
and may be enforced in a proper proceeding in rem in any 
court of competent jurisdiction. 

§ 75. Procedure.—In case any tenement house, building 
or structure or any part thereof is constructed, altered, con- 
verted or maintained in violation of any provision of this act 
or any order or notice of the departments charged with its 
enforcement, or in case a nuisance exists in any such tenement 
house, building or structure, or upon the lot on which it is 
situated, either of said departments or the city attorney or 
corporation counsel may institute in the name of the city any 
appropriate civil action or proceeding to prevent such unlaw- 
ful construction, alteration, conversion or maintenance, or to 
restrain, correct or abate such violation or nuisance, or to 
prevent the occupation of said tenement house, building or 
structure, or to prevent any illegal act, conduct or business 
in or about such tenement house or lot, or from the imposition 
or collection of any fine or penalty prescribed by this act. 

§ 76. Registry of Owner’s Name.—Every owner of a tene- 
ment house and every lessee of the whole house, or other 
person having control of a tenement house, shall file in the 
health and building departments a notice containing his name 
and address, and also a description of the property, by street 
number or otherwise, as the case may be, in such manner as 
will enable the said departments easily to find him and the 
property. 

§ 77. Registry of Agent’s Name.—Every owner, agent or 
lessee of a tenement house shall file in the departments of 
health and of buildings a notice containing the name and 
address of an agent, residing in the city wherein the house is 
located, for the purpose of receiving service or process, in all 
actions herein provided for, and also a description of the 
property by street number or otherwise in such a manner as 
will enable the said departments to easily find the same. The 
name of the owner or lessee may be filed as agent for this 
purpose. 

§ 78. Service of Notice and Orders.—Every notice or 
order issued by the departments in relation to a tenement 
house shall be served five days before the time for doing the 


CITIES OF THE FIRST CLASS. 891 


thing in relation to which it shall have been issued. The post- 
ing of a copy of such notice or order in a conspicuous place 
in the tenement house, together with the mailing of a copy 
thereof, on the same day that it is posted, to such person, if 
any, whose name has been filed with the departments of health 
or building in accordance with the provisions of Sections 
seventy-six and seventy-seven of this Act, Code 203, Code 
418-19, at his address as therewith filed, shall be sufficient 
service thereof. 

§ 79. Indexing Names.—The names and addresses filed in 
accordance with Sections seventy-six and seventy-seven shall 
be indexed by the departments of health and of building, in 
such a manner that all of those filed in relation to @ach tene- 
ment house shall be together, and readily ascertainable. The 
said departments shall provide the necessary books and cleri- 
eal assistance for that purpose, and the expense thereof shall 
be paid by the city. Said indexes shalll be public records, 
open to the public inspection during business hours, 

§ 80. Disagreements Between Departments.—In case of 
any disagreement between the health and building depart- 
ments with respect to the construction and enforcement of 
this act or any part thereof, the question shall be referred to 
the board of public safety for final determination. 

§ 81. Fines and Recoveries to be Paid into City Treasury. 
—All fines and recoveries realized under this act shall be paid 
to the City Treasurer. 

§ 82. Duty of City Attorney or Corporation Counsel.—It 
shall be the duty of the City Attorney or Corporation Counsel 
and his assistants, to render all legal service that may be 
required for the enforcement of any or all of the provisions 
of this act. 

§ 83. Laws Repealed.—aAll statutes of the State and all 
local ordinances, so far as inconsistent with the provisions of 
this act, are hereby repealed... 

§ 84. When to Take Effect——This act shall take effect 
from and after its passage. 

March, 1910. 


892. ASPHALT. 





ASPHALT. 


AN ORDINANCE prescribing the general specifications and 
the manner of constructing and reconstructing public ways 


with asphalt pavement. 


Be it ordained by the General Cowncil of the city of Louisville: 

, } 

That the following shall be the specifications and the 

manner of constructing and reconstructing public ways with 
asphalt pavement in the city of Louisville: 


Sub-Grade. 


§ 1. The street surface shall be worked to the grade es- 
tablished by the General Council, and in cross-section the sub-~ 
gerade shall be shown as on the plans. 


Curbing. 


§ 2. Dividing the sidewalks from the carriageway, and 
supporting the former, there shall be laid lines of natural stone 
or artificial stone curbing as ordered by the Board of Publie 
Works. 

If natural stone is used the curbstones shall be six (6) in- 
ches in thickness, twenty-two (22) inches in depth, with full 
square joints twelve (12) inches deep. No ecurbstone shall 
be less than five (5) feet in length. Said curbstone shall be 
eut with a draft around the top, face and back, and the ex- 
posed top and front faces shall be neatly hammer-dressed to 
an even, regular surface; the upper face shall have the same 
bevel as the sidewalk, the front face shall be cut ten (10) 
inches and the back not less than three (3) inches deep. The 
bottom of the curbstones shall be approximately parallel with 
the top and shall have a firm, uniform bed. No underpinning 
will be allowed. The remainder of the front face shall be 
evenly scabbled or dressed from the bush hammer work to 
the bottom, to admit a close joint with the gutter pavement. 
Curbstones shall be of hard, sound limestone, free from flaws, 
dry seams and cracks. There shall be corner stones or curved 
curbstones at the intersections of all streets and alleys. These 
corner stones or curved curbstones shall be as shown on the 
plans, and shall be dressed to bevel with the sidewalk. the 
front face, back and joints to agree with the adjoining curb- 


" ASPHALT. 893 


ing. All eurbstones shall be laid true to line and grade. The 
space back of the curbing shall be filled with earth, which 
shall be well rammed. ‘The joints between curbstones from 
four (4) inches below the top of the curbstone to the bottom 
shall be filled with cement mortar while the curb is being 
set, and for six (6) inches on either side of the joints. 

If artificial stone is used, it shall be of the form and size 
shown on detail plans. and shall be composed of concrete, con- 
taining one (1) measure of approved Portland cement, two 
and one-half (214) measures of clean, sharp sand and five (5) 
measures of clean binder stone or screened gravel, not exceed- 
ing one (1) inch in any dimension. The concrete shall be 
thoroughly mixed and immediately placed in forms of the 
size and shape of the finished curbing, and shall be well com- 
pacted by ramming with iron rammers. The front face and 
top of the curbstones shall have a mortar face three-fourths 
(34) inch thick, composed of one (1) part of Portland cement 
and one (1) part of sand, the top to be troweled smooth and 
level. No stone shall be less than five (5) nor more than ten 
(10) feet in length. At all street and alley corners, or other 
places where shown cn the plans, the curbing shall be made as 
the Board of Public Works may direct and into the top outer 
edge of this curb shall be set a Carnegie A710 angle bar, or 
other suitable device, anchored to the concrete as shown on 
the plans. The price per lineal foot for curbing shall inelude 
payment or furnishing and placing the angle bar or other de- 
vice when required. No materials shall be used in the face 
forms which will cause indentations in or projections on the 
face of the finished work. 


Portland Cement. 


Portland cement shall meet the following requirements: 
it shall be of such fineness as to leave by weight a residue of 
not more than eight per cent. (8 per cent.) on the number 
100, and twenty-five per cent. (25 per cent.) on the number 
200 sieve; it shall develop initial set in not less than thirty 
minutes. The minimum requirements for tensile strength for 
briquettes one inch square in cross section shall be as fol- 
lows: The neat cement after twenty-four hours in moist air, 
not less than one hundred and seventy-five (175) pounds; 
seven days (one day in moist air and six days in water), not 
less than five hundred (500) pounds. When mixed, one part 
cement and three parts standard sand after seven days (one 
day in moist air and six days in water), not less than one 
hundred and seventy-five (175) pounds. When pats of neat 


SOo4 ASPHALT, 





cement about three inches in diameter, one-half inch thick at 
the center, and tapering to a thin edge are kept in moist air 
for a period of twenty-four hours, they shall show no cracks 
or distortions when exposed to an atmosphere of steam above 
boiling water in a loosely-closed vessel for five hours. The 
cement shall not contain more than one and three-fourths (134) 
per cent. of anhydrous sulphurie acid (S O 3). 


Binder Stones. 


§ 3. Binder stones shall be laid in such manner and at 
such places on the work as the Board of Public Works, or 
its agent, may direct. Binder stones shall be six (6) inches in 
thickness, fifteen (15) inches in depth, and shall be pointed off 
smooth and even on the top surface, and for three (3) in- 
ches in depth on the side next to the pavement. No binder 
stone shall be less than four (4) feet in length. The joints be- 
tween binder stones from four (4) inches below the top of 
the binder stones to the bottom shall be filled with cement 
mortar while the conerete is being laid. 


Preparation of Road Bed. 


§ 4. All embankment shall be put down in layers of six 
(6) inches in depth, and each layer shall be thoroughly rolled 
before another is laid upon it. After being graded to the re- 
quired section, the road-bed shall be further prepared for pav- 
ing by the removal of all vegetable or mucky matter, quick- 
sand or other objectionable material, to the depth required by 
the Board of Public Works or its deputy, and the material re- 
moved shall be replaced with gravel, sand or good earth filling, 
as directed; then the entire road-bed shall be thoroughly rolled 
with a roller of not less than ten (10) tons weight. No paving 
material shall be put down before the graded or rolled surface 
shall have been inspected and approved by the Board of Pub- 
lic Works or its agent. <A roller of five (5) tons weight may 
be used, provided that the road-bed shall be rolled to the. 
satisfaction of the Board of Public Works or its deputy. | 


Foundation for Pavement. 


§ 5. Upon the road-bed thus prepared shall be laid a bed 
of concrete six (6) inches in thickness constructed with Port- 
land cement, sand and broken stone or a mixture of half and 
half broken stone and gravel. 


ASPHALT. 


8) 
ie) 
Or 


Sand. 


The sand in the concrete must be clean and sharp, and 
shall not contain more than five (5) per cent. of clay or loam 
when tested by shaking with water, and must be free from all 
vegetable matter. 


Stone. 


The stone for the conerete shall be clean, hard, broken 
stratified limestone, free from dust and particles that have 
been weathered or other soft material. It shall all pass through 
a two and one-half (214) inch screen in its largest dimension. 
When stone is used alone, it shall be graded in sizes from 
coarse to fine. When it is to be used mixed with gravel, it 
shall contain no particles smaller than one-half (44) inch in 
size. | 


Gravel. 


The gravel must be clean and free from all vegetable mat- 
ter and shall not be larger than one (1) inch in its largest 
dimension. 


Concrete. 


The conerete shall consist of one part cement, three parts. 
sand and seven parts of stone, or a mixture of crushed stone 
and gravel, half and half, may be used in place of stone alone 
at the discretion of the Board of Public Works. 


Mixing. 


The sand and cement shall be thoroughly mixed dry in the 
proportions by volume of one (1) of cement and three (3) of 
sand, and then made into a mortar by the addition of water. 
To this mortar will be added seven (7) measures of wet broken 
stone or broken stone and gravel and the whole thoroughly 
and carefully mixed by hand or machinery, until it is entirely 
uniform. 


Gutter Paving. 


§ 6. The gutters may be paved with asphalt or vitrified 
block as prescribed by the Board of Public Works. If vitri- 
fied block gutters are prescribed, they shall be constructed as 
follows: 


896 ASPHALT, 


On the foundation described in Section 5, a bed of clean 
sand shall be laid. The sand shall be clean and shall be free 
from foreign or loamy matter. It need not necessarily be 
sharp. The sand cushion shall be two inches deep before the 
compression of the blocks by tamping. 


Blocks. 


The blocks shall all be hauled and neatly piled within the 
curb line before the grading is finished, or if allowed by the 
Chief Engineer, delivered in wagons, and carried from the pile 
or wagon on pallets—not wheeled with barrows. In haulng 
from cars no throwing or dumping will be allowed. The 
blocks shall be first-class and thoroughly vitrified, showing at 
least one fairly straight face; if the edges are rounded the 
radius shall not be greater than 3-16 of an inch. They shall 
not be less than 214x4x8 inches, nor more than 3144x4x9l4 
inches, free from cracks, with but shght lamination, and at 
least one face with but slight kiln marks allowed. The 
blocks shall be subject to the standard rattling test as pre- 
seribed by the National Brick Manufacturers’ Association. 
When subjected to this test they shall show a loss of not more 
than eighteen (18) per cent. in weight. 


Laying Vitrified Blocks. 


§ 7. Blocks shall be laid at a right angle to the curb, or 
as the Chief Engineer may direct, and the line of course of 
blocks shall be kept straight. No parts of blocks shall be 
used in the pavement except at the beginning or ending of 
courses. The blocks shall be laid with the best faces exposed, 
as near in contact as possible; they must be closely inspected 
before laying and also after laying and after ramming. All 
soft blocks, and those badly spawled or ill-shapen, shall be 
removed and replaced with perfect ones. The kiln marked 
blocks may be turned over, and if the reverse face is smooth 
and no other faults be found, they may remain in the pave- 
ment. 


Tamping. 
After the blocks in the gutter pavement are inspected and 
the surface is swept clean of spawls, the pavement shall be well 
tamped with a hand wood tamper to the proper gutter grade. 


ASPHALT. 


00 
= 


The Filler. 


The filler shall be composed of one part of clean sand and 
one part of Portland cement, the sand being dried before mix- 
ing. The mixture not exceeding one-third (1-3) bushel of 
sand and a like amount of cement, shall be placed in a box 
and mixed dry until the mass assumes an even and unbroker 
shade. Then the water shall be added, forming a liquid mix- 
ture of the consistency of thin cream. 

From the time the water is added until the last particle 
of the filler is removed and floated into the joints. of the 
block pavement, the mixture shall be kept in constant mo- 
tion. 

The mixture shall be removed from the box to the surface 
of the pavement with a scoop shovel, being constantly stirred 
in the box as the same is being emptied. The box for this: 
purpose shall be 314x4 feet long, 27 to.30 inches wide and 
14 inches deep, resting on legs of different lengths, so that the 
mixture will readily flow to the lower corner of the box, 
which should be from 8 to 10 inches above the pavement. This. 
mixture, from the moment it touches the blocks, shall be 
thoroughly swept into the joints. 

The work of filling shall be carried forward in line until 
an advance of fifteen or twenty yards has been made, when 
the same force and appliances shall be turned back and cover 
the same space in lke manner, except to make the proportions. 
two-thirds (2-3) cement and one-third (1-3) sand. 


To avoid the possibility of thickening at any point, the sur- 
face ahead of the sweepers shall be sprinkled gently with a 
sprinkling can, with the head perforated with small holes. 

Within one-half to three-quarters of an hour after this last 
coat is applied and the grout between the joints has fully sub- 
sided and the initial set is taking place, the whole surface 
shall be slightly sprinkled with water and all surplus mixture 
left on the tops of the blocks swept into the joints, bringing 
them up flush and full. 

After the joints are thus filled flush with the top of the 
blocks and sufficient time for evaporation has taken place, so | 
that the coating of sand will not absorb any moisture from 
the cement mixture, ene-half (14) inch of sand shall be spread 
over the whole surface, and in case the work is subjected. 
to a hot summer sun, an occasional sprinkling, sufficient to 
dampen the sand, shall be applied for two or three days. 

Grouting thus finished shall remain absolutely free from 
disturbance or traffic of any kind for a period of ten days. 
The cement for filler shall be the best Portland cement, ap- 


898 ASPHALT. 





proved by the Chief Engineer, and shall be delivered upon 
the work in original packages marked with the name of the 
manufacturer. 


Sheet Asphalt Pavement. 


§ 8. The pavement proper shall consist of a binder course 
one (1) inch in thickness when compressed, and a wearing sur- 
face of ashpalt of one and one-half (144) inches thick when 
compressed. 


Binder Course. 


Stone: The binder shall be composed of suitable clean 
‘broken stone passing a one and one-quarter (114) inch screen, 
not more than five per cent. (5 per cent.) of which shall pass 
a No. 10 screen. 

Asphaltic Cement: The stone shall be heated in suitable 
appliances to a temperature not higher than 300 degrees 
F. and then thoroughly mixed by machinery with asphaltic 
cement equivalent in composition to that hereinafter set forth, 
‘In such proportions as will cover the stone with a glossy coat 
and without any excess of asphaltic cement. 

Laying: The binder must be hauled to the work and 
spread while hot upon the foundation to such thickness that, 
after being immediately compacted by rolling, its average 
depth shall be one (1) inch and its upper surface shall be 
approximately parallel to the surface of the pavement to be 
jJaid. Upon this binder course shall be laid the wearing sur- 
face. 

No traffic, except such as may be required in depositing the 
‘surface mixture, or in otherwise prosecuting the work, shall be 
allowed on the binder course. 


Sheet Asphalt Wearing Surface. 


§ 9. The pavement mixture for the wearing surface shall 
be composed of: 

(a) Asphaltie cement (refined asphalt and flux). 

(b) Sand of satisfactory grading and grain. 

(c) Filler, consisting of finely powdered mineral matter. 

Asphaltic Cement: The asphaltic cement shall be composed 
of refined asphalt and flux of such character that the bitu- 
men, without regard to the mineral matter present, shall be 
a homogeneous solution. 

Asphalt: The term ‘‘asphalt’’ shall be construed to sig- 
nify any solid natural mineral bitumen, either pure or asso- 


ASPHALT. 899 


ciated with mineral matter, as a type of which Trinidad Lake 
asphalt shall be regarded as the standard, or any other solid 
bitumen of natural origin having the properties and character- 
istics hereinafter named and described which has been satis- 
factorily used in the construction of sheet asphalt pave- 
ments. 

Refined asphalt: Where necessary the refined asphalt shall 
be obtained by refining the natural material until the product 
is homogeneous and free from water. It must contain not. 
less than fifty-six (56) per cent. of bitumen soluble in carbon 
disulphide, and of the bitumen thus soluble not less than 
sixty-eight (68) per cent. shall be soluble in Pennsylvania 
petroleum naptha, having a specific gravity of .65 at 77 degrees. 
Fahrenheit; or, if it does not contain this amount of bitu- 
men soluble in naptha, but is satisfactory in other respects, 
the deficiency may be supplied by the use of such a flux, satis- 
factory to the municipality, as to bring it to the required 
standard, but in no event shall flux of any kind be used in 
excess of twenty-two (22) per cent. of the weight of the re- 
fined natural asphalt. 

The bitumen which it contains shall yield upon ignition 
not more than fifteen (15) per cent. of fixed carbon, as deter- 
mined by the method recommended by the committee of the 
American Chemical Society. 

Asphalt prepared by distillation of asphaltic petroleum 
shall be of a consistency before fluxing such that a No. 2 needle: 
weighted with 100 grams shall penetrate at least four (4) 
millimeters at 77 F. Of the bitumen which such asphalts con- 
tain which is soluble in carbon disulphide not more than one 
and one-half (1144) per cent. shall be insoluble in carbon 
tetrachloride. | 

Flux: A heavy petroleum of flux used in the manufacture 
of the asphaltic cement shall be a petroleum from which the 
lighter oils have been removed by distillation, without crack- 
ing, until it has a specific gravity of from fifteen (15) to 
twenty (20) degrees Beaume; and shall have the following 
characteristics : 

(a) Flash test not less than 325 degrees Fahrenheit. 

(b) No appreciable amount of light oils or volatile matter 
at temperatures under 250 degrees Fahrenheit. 

(ec) Not more than eight (8) per cent. volatile at 325 de- 
grees Fahrenheit in seven hours, when twenty (20) grams 
are heated in an open cylindrical dish about two and one- 
half (214) inehes in diameter and about one and one-half 
(1144) inches high in an oven, the temperature of which is 


900 ASPHALT. 





noted by a thermometer, the bulk of which is immersed in a 
similar dish of oil, alongside that which is being tested. 

Asphaltic Cement: The asphaltic cement shall be prepared 
by fluxing refined asphalt with a heavy petroleum oil comply- 
ing with the specifications mentioned above, at a temperature 
of about 325 degrees Fahrenheit, using such proportions not, 
however, in excess of twenty-two (22) parts of flux, to on 
hundred (100) parts of refined natural asphalt as will’ pro- 
duce a cementing material having the following propertic 

(a) A briquette of the pure bitumen of forty (40) penetra- 
tion at seventy-seven degrees Fahrenheit, having a minimum 
cross-section of one square centimeter, must have a sufficient 
ductility to stretch to a distance of not less than ten (10) 
centimeters before breaking when tested at seventy-seven (77) 
degrees Fahrenheit. 

(b) The proportion of the total bitumen in the cement 
which is soluble in Pennsylvania petroleum naphtha of .65 
gravity shall not exceed seventy-eight (78) per cent. nor 
fall below sixty-four (64) per cent. 

(c) A No. 2 needle weighted with 100 grams shall pene- 
trate in five seconds at 77 degrees Fahrenheit a distance of 
three (3) to nine (9) millimeters. 

(d) When twenty (20) grams are heated in a receptacle 
about two and one-half (214) inches in diameter and about 
two (2) inches high for seven (7) hours in an oven maintained 
at a uiform temperature of about 325 degrees Fahrenheit, as 
determined by a thermometer, the bulb of which is immersed 
in a similar receptacle filled with oil, it shall not lose more 
than four (4) per cent. Its flash point, as determined in 
a New York State closed oil tester, shall not be less than 
300 degrees Fahrenheit. 

(e) Ninety-five (95) per cent. shall be soluble in carbon 
disulphide at air temperature, and not more than one and a 
half (114) per cent. of the bitumen shall be less soluble in 
earbon tetrachloride than in carbon disulphide, the test for 
the former being conducted by submitting the bitument to 
the action of the tetrachloride for twenty-four (24) hours 
‘before filtration. 

The flux shall be added to the melted refined asphalt, and 
‘the entire mass shall be agitated by an air blast or other 
suitable apphance until the resulting cement is homogeneous. 
It must never be heated to a temperature exceeding 350 de- 
gress Fahrenheit. 

Sand: The sand shall consist of hard grains, not neces- 
‘sarily sharp, but not containing more than one (1) per cent. 


ASPHALT. 901 


of clay or loam. On sifting the entire amount shall pass a 
ten (10) mesh screen, at least fifteen (15) per cent. shall pass 
an eighty (80) mesh screen, and seven (7) per cent. a one 
hundred (100) mesh sereen. 

Filler: The filler shall consist of ground limestone or any 
other mineral matter of sufficient density to produce a powder 
having a volume weight of at least ninety (90) pounds to the 
eubie foot. It shall be so fine that at least sixty-six (66) 
per cent. shall pass a two-hundred (200) mesh screen, and 
all of it shall pass a fifty (50) mesh screen, while, when 
thoroughly agitated with distilled water at a temperature of 
sixty-eight (68) degrees Fahrenheit, by means of an air blast, 
avoiding cyclonic effects, not more than forty per cent. (40 
per cent.) shall subside on standing for fifteen (15) seconds. 

Combining Materials: The materials complying with the 
above specifications shall be mixed in proportions by weight, 
depending upon their character. The percentage of the mat- 
ter soluble in carbon disulphide in any pavement mixture shall 
be not less than 9.5 nor more than 12.0 per cent. 

The sand and the asphalt cement shall be heated separately 
to such temperatures that the finished mixture shall, depending 
on the asphalt in use, have a temperature of from 290 de- 
grees to 330 degrees Fahrenheit. The filler shall be mixed, 
while cold, with the hot sand. The asphaltic cement will then 
be mixed with the sand and stone dust at the required tempera- 
ture, and in the proper proportion, in a suitable apparatus, so 
as to egect a thoroughly homogeneous mixture. 

Laying the Pavement: The above mixture shall be hauled 
to the street in trucks properly protected from radiation by 
tarpaulins at a temperature not less than 250 degrees Fahren- 
heit, and spread upon the binder to such a depth as will in- 
sure an average thickness of one and one-half inches after | 
compression by rolling. This compression will be attained by 
first smoothing the surface with a hand roller or lhght steam 
roller, after which hydraulic cement or stone dust shall be 
swept over it, when the rolling shall be continued with a 
steam roller of not less than ten (10) tons until the surface is 
properly compacted. 


Wearing Surface of Asphalt Cement, Rock Asphalt and 
Filler. 


§ 10. Asphalt Cement: The asphalt cement must be manu- 
factured from such materials as are described in the specifica- 


‘ 


902 ASPHALT. 


een er 


tions above, or other suitable asphalt flux. It must have a_ 
penetration between thirty (30) and fifty (50) when tested at 
seventy-seven (77) degrees D. (Dow Machine). 

The asphalt must never be heated to a temperature above 
three hundred and fifty (850) degrees F. after it has been 
brought to the proper consistency for paving. When this 
asphalt cement is in a molten condition, it must be thoroughly 
agitated before drawing from storage, and while in use in the 
supply kettles, so as to insure a uniform cement. 

Rock Asphalt: The rock asphalt must be ground so that 
its mineral aggregate after being freed from the bitumen 
shall all pass a 6-mesh screen. 

Filler: The filler used in this wearing surface shall be the 
same as already specified in Section 9. The paving mixture 
shall contain from five (5) to fifteen (15) per cent. of this 
filler, depending upon the kind of rock asphalt cement used 
and the traffic conditions upon the street upon which it is to 
be laid. 


The material complying with the above specifications shall 
be mixed in such proportions by weight that the resulting mix- 
ture will contain between nine and one-half (914) and twelve 
and one-half (1214) per cent. bitumen, soluble in carbon disul- 
phide. The bitumen extracted from this mixture shall comply 
with the following requirements: 


(1) It must be of such character that when brought to a 
cement of ten (10) penetration at thirty-two (32) degrees F. 
it will not show a penetration of more than four hundred 
(400) at one hundred and fifteen (115) degrees F. 


(2) When the pure bitumen of the asphalt cement is made 
into a briquette having a cross section of one square centi- 
. meter, it must stretch to a distance of thirty (30) centimeters 
or over without breaking, when tested for ductility at seventy- 
seven (77) degrees F. 

(3) When the ashpalt cement is heated in an open tin at 
a temperature of three hundred (300) degrees F. for eighteen 
(18) hours; in a hot-air oven, it must not show a loss by 
volatilization of over five (5) per cent. 

The ground asphalt rock and asphalt cement shall be 
heated separately to a temperature of never over two hundred 
and fifty (250) degrees F. The filler shall be added while cold 
to the asphalt rock, in the required proportions, and the two 
thoroughly mixed, or the filler may be added to the ground 
aspalt rock before the ground asphalt rock is heated to two 
hundred and fifty (250) degrees F. as required. The asphalt 
cement, at the required temperature, and in the proper pro- 


ASPHALT, 903 


portions, shall then be added, and the mixing continued in a 
suitable apparatus until the homogeneous mixture is procured. 

Samples of all the materials entering into the composition of 
the pavement shall be supplied to the Engineer or his repre- 
sentatives, in suitable tin boxes or cans, and he shall have 
aceess to all branches of the work at any time. 

The paving mixture prepared in the manner above de- 
seribed shall be brought to the street in carts at a tempera- 
ture between two hundred and twenty-five (225) and three 
hundred and twenty-five (325) degrees F., and if the tempera- 
ture of the air is less than sixty (60) degrees F., the contractor 
must provide canvas covers for use in transit. It shall at once 
be properly spread by means of hot iron rakes, in such a man- 
ner as to give a uniform and regular grade, so that, after re- 
<eiving its final compression by rolling, it will have a thickness 
of not less than one and one-half inches (if laid without 
binder, two and one-half (214) inches). The surface shall 
then be compressed by rolling with light rollers and tamping, 
after which a small amount of cement shall be swept over it, 
and it then shall be thoroughly compressed by a steam roller 
weighing not less than ten (10) tons, the rolling being con- 
tinued for not less than five hours for every thousand square 
yards of surface. 


Binder Course. 


§ 11. The binder course provided for in Section 8 may be 
omitted under the following conditions: That all clauses of 
these specifications shall be in full force for all conditions of 
construction other than the quantity of wearing surface to be 
used, which surface, after having received its ultimate com- 
pression, shall be not less than two and one-half (214) inches 
in thickness, to be tested as set forth in Sections 9 and 10. 
The contractor shall, before signing his contract, elect whether 
a binder shall or shall not be used. This election shall be 
signified in writing to the Board of Pubic Works, and shall 
be specified in the contract, before the same is signed. 


Street Railways. 


§ 12. When on any street to be improved there is a street 
railway track or tracks, the rails, ties, stringers and other 
material or property of the railway company shall be taken up 
by and at the cost of said company. When the snb-grade is 
completed, the rails. ties, stringers, etc., shall be put in place 
to conform to the lines and grades of the street section, as 


904 ASPHALT. 





shown on the plans in the office of the Board of Public Works. 
All labor and construction pertaining to the street railway. 
shall be at the cost of the railway company. A street railway 
company, after obtaining the privilege of constructing a rail- 
way track or tracks on any street, by resolution or ordinance 
from the General Council, or by legislative enactment, shall 
construct its track or tracks, during the construction of said 
street, according to plans on file in the office of the Board of 
Public Works, at the cost of said railway company, as set forth 
in this section. 


Paving on Streets with Railway Tracks. 


§ 18. In streets with a street railway track or tracks, the 
additional grading necessary to bed the cross-ties shall be 
done as shown on the plans. Unless such kind of rail is used 
as will permit the omission of granite blocks—in which case 
the asphaltum shall be laid close to the edge of the rail, mak- 
ing a close joint therewith—there shall be granite blocks, 
thoroughly bedded in concrete, along the side of the rails, as 
shown on the plans. The granite blocks shall be of uniform 
grain and texture, without lamination or stratification, and 
free from excess of mica and feldspar. The blocks shall be of 
the following dimensions, viz: In length not more than nine 
(9) nor less than five (5) inches, in width not more than four 
and one-half (414) not less than three and one-half (314) 
inches, in depth not more than six and one-half (614) nor less 
than six (6) inches. They shall be dressed to present rect- 
angular faces, with straight edges. The sides and ends of 
the blocks shall be dressed so as to make eclose-fitting joints ; 
and, furthermore, the sides and ends shall be so dressed that 
any side or end may be laid or used for a top or wearing sur- 
face. All blocks having projetcions or knobs exceeding a halt 
inch shall be rejected. | 


Tools and Samples of Materials. 


§ 14. The contractor shall furnish and keep on the line of 
work, at all times, a complete and sufficient plant of tools, 
rollers, carts, etc., as may be deemed necessary by the Board 
of Public Works, or its agent, to carry on the work in an ex- 
peditious workmanlike manner; shall also furnish properly- 
labeled samples of the crude asphalt to be used in the work; 
also samples of the wearing surface as prepared for use, and 
a statement of the amount of each material used in making 


ASPHALT. 905 


up the pavement mixtures, when called for by the Board of 
Puble Works. 


Material and Inspection. 


§ 15. All material herein specified shall be of the best de- 
scription, each in its class. All asphalt, bituminous rock, 
stone, blocks, sand gravel, or other material, which may be 
rejected on inspection, shall be removed by the contractor 
without delay; and all broken stone used in paving shall be 
broken and prepared for inspection before delivery on the 
work. 

§ 16. The contractor shall prosecute his work in a prompt 
and orderly manner, and, when required by the Board of 
Public Works, shall discharge incompetent employes or work- 
men. 


§ 17. Should the contractor fail to execute the work in 
the time stipulated, he shall forfeit his contract and be en- 
titled to no pay for the work done. The time fixed for the 
completion of the work may be extended by the Board of 
Public Works for causes deemed sufficient. 

§ 18. Inspection of the work during its progress shall be 
made by the Board of Public Works or its authorized deputy, 
and if the contractor does not perform his work according 
to these specifications, the Board of Public Works may suspend 
the work at once and report the reason for said suspension to 
the Mayor and the General Council. 


See. 19. The contractor shall guarantee the faithful per- 
formance of the work done under his contract, according to 
these specifications, and that the materials used in the con- 
struction of the same are free from defects or flaws, and said 
guarantee shall be for a period of five (5) years from and 
after the acceptance of the work by the Board of Public 
Works, but said guarantee shall not include natural wear and 
tear, nor shall the contractor be required to do any repairs 
made necessary by any cause or causes other than defective 
work in the construction of the improvement. 


After acceptance of the work by the Board of Public 
Works, the contractor shall, to protect the city against de- 
fective work or materials, deposit with the City Treasurer 
bonds of the city of Louisville, or of the United States, amount- 
ing in the aggregate to ten (10) per cent. of the contract 
cost of the completed work. Should any defect in the work or 
materials become apparent during the said guarantee period, 
the contractor shall be notified in writing by the Board of 


906 ASPHALT. 





Public Works of such defect, and shall remedy same, and 
shall begin work within three (3) days after service of such 
notice, and shall prosecute such work to completion with 
all due diligence. Should the contractor fail or refuse to be- 
gin said remedying of said defective work or materials within 
three days after the service of said notice, the Board of Pub- 
lic Works may have said defects remedied and charge the 
cost of same to the contractor; and to pay said cost the said 
board may sell for cash as many of said bonds as may be 
necessary, said sale to be at public auction, at such time and 
place as said board may order, notice of said sale to be given 
by one publication in the papers doing the pubke printing 
and advertising. At the end of said guarantee period the un- 
expended balance of said bonds and accrued interest, if ‘any, 
shall be held subject to the order of the contractor. 

The said board shall be the exclusive judge of the existence 
of defects in the work or materials herein mentioned, and the 
extent of the work necessary to remedy the same; and the 
appointment of inspectors or supervisors by said board for the 
supervision of the work, to insure that the work and ma- 
terials are in accordance with the plans and specifications, and 
with the contract therefor, and the supervision thereof by 
said inspectors or supervisors shall in no wise relieve the con- 
tractor from any obligation under his contract. 

The contractor and his sureties shall enter into a written 
contract with the city, convenanting that they will pay all dam- 
ages for injuries to or encroachments upon the private prop- 
erty of abutting lot owners, or other persons, in constructing 
the improvements herein mentioned, and will save the city 
harmless from all loss or damage on that account; and that 
the contractor and his sureties shall, in no event, be released 
from such liability unless the injury to private property shall 
have been done by the contractor under and in pursuance of 
the express written order of said board. 


The contractor shall, at all times, furnish and maintain 
upon and around said work and all material on the line of 
said work, sufficient barricades and red lights to protect the 
public and the work from injury, and shall, when directed by 
the Board of Public Works, or its agents, employ and keep 
upon the line of work a watchman or watchmen. 

§ 20. All work mentioned in these specifications and per- 
taining to the contract shall be done according to the plans on 
file in the office of the Board of Public Works. 


ASPHALT. 907 


§ 21. Immediately before commencing any piece of work 
under these specifications, the contractor shall notify the Chief 
Engineer of the fact. 

§ 22. Where the Board of Public Works is mentioned 
herein, the Board of Public Works or its agent is meant. 

§ 23. All ordinances or parts of ordinances in conflict here- 
with are hereby repealed. 

§ 24. This ordinance shall take effect from and after its 
passage and publication. 

Approved February 14, 1910. 


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INDEX TO GENERAL ORDINANCES. 


PAGE 

MUI Oe NG As kg X06 6A ew od v.09 Ce Eg Se Vite vrevate AT ere 
Advertising matter prohibited ...........e00- tte Nahe tad i micaee 
Advertising of delinquent tax bills ..... Moros tare ele ts ay eke eS ctw Oe 
Advertisements concerning secret diseases prohibited eesti ete 
eI eee LUM ONL el etec Cette «vd thee Ge iebe ves) Here clare et es toed aaa 11 
Sree N——=TUlOS GOL. ies eid sid oi hs Ok eee fepetatarece 8 3,8 gh et oe | 826 
mamusanees-—right Of WAY <2... sccncesceee afer daca? othe 0O 
eS ——-CYULCLLY TO. osc 0 eleic wie vis wie Wdhase? Natgh eet tie aide: eaves" e\eke 17 
Pe MS FN ere Shae tobe wigs fetetdee ond ale wwe shaaetere os Watelatee 18 
i 1? EE Oe errs hd ae a ie otelal com atid eis’ ete e aie: 18 
Annexation ordinances ........+ Wea tatevetaiateiacerctate ile .21-27 
rene. “WATTANLS |e 5 nie) s sw wees oe we <a eee ears aes 28 
Meoropriation ordinances... 2... eee ee we Ee aerate 480- 524 
mrmconriation tor Mruptiye Hospital .. 0.56... cele ees ece 527 
PIGS Wear LING EAs eatatar tere t etele. eis eles oes Shaved suerte ere ove abot 
Ohio Valley Improvement Association ........ Sade ao 
erate MIIPS IG Wit aa Cale. Solely o ale. ve e's'e asia e.0 #°s emia taeU 
Be Tes re ae 0k ers GON ig ote lal sw aia'a ee 6'6 faves yralaae ate eu at b 
tenement house investigation Ad tn iesushetes oie ste oratalals rate a 528 
Bee Ola ly Ver Per LSI LG cassis 'e ic ele c'e.a b 68 etal ere 524 
Asphalt pavements—specifications rr Peay Uieleteis 4012 415 
Asphalt pavements—specifications for (new ordinance) . . 896-911 
Asphalt streets—regulating use of ....... cece. pa eae 422 
Assessment ordinances ....... eae RPM esr Sear Le ert. de Doom oS 
Pema  ——-TOtTOSPECEIVG. ©, tora. Sica te cleiccc lo sl c we oleic wee eure es 539 

Assessor—duties as to en! by State Railroad Com- 
Rb oG Ute a cade. eee, lake e te cee Sik’ Wel al akte.s ma hia eee 29 
SSP CTO OC SeRree ON PIee Ul has. « to by wie tale viele! everetele ace « Be ray 30 
Auctioneers—bond of .........0.. eat as oeted eo seharg's: aie) sn onets 31 
DSIRE LANE LOS OT or. eae ae Waite ds icid cose Roe Welds Os ates ecefasess 32 
SIE LOT Kf c ea slates ccaie a cae’ ofelte 4 eltjets atekal date Ciel eis crs 'e) 33 
Automobile—license of chauffeurs ........... aie aah v'sl © eats 36 
PTL LCL OU SU e Sra or oie tate: shelton pT aw where. PPIMRAa ao Way ee eons as 34 
ANREP s .Vac, abal of cc. o.alacale: sieisle. fs Si siatG) wee atetelete ad Cle u eleve. (a's. s,s 38 
NNR MN es eas ys erated Pat ear eo ide nl ene Pach Pera Sea atetes oye 38 
Bells on railroads—to be rung .......... » a Sake teh tai +. £68 
Bells—ringing of reguiated ...... EPS Teneh ater eke- didtare a eves Ow 2.36 39 
Bicycles—regulation of ......... Silehdia wd <Aeletetese.c sates s 39 
Births—certificates of ........ ars EA a ia ena ter a = PENS We < eKelahe, <\e 39 
SLT TICG O wetes ee ee as eh. aevaa edge alvin ones diatdla atc: 41 
Board of Equalization—compensation ......... So a A ae Ae 42 


Board of Safety—departments and salaries ...........ce00% 42 
Board of Works—departments and Salaries .........eee0. 51 
Bond issue—park property ......... Hale deaeiea Weewte die Saher e 55 
sewer construction ....... Mids Wale Wale Oe edie mele eres OU G0 F 
Prom isPen UL JUNK CORlOrs )<a) bie duvesiediecne< ceccscedece UBLE 
meoauared Of junk merchants 5. : 26.0 siteddlewccecess +318 

Berm roG Of eislOT™ CORLOTS Wed dia aay e'aG) Oe we ale ese le a ole’e 74 

Pe tered OL WU PMC COMCETS cua 0 o%s'aleleidelc bee aNie as OG 
required of second-hand dealers ....cccccccscscccee 467 


910 INDEX 





PAGE 
Bonds—premiums—for public officials ..............e04-% 73 
POLUTIGIN Gwin seteek <te Fare emae via this ale Stata capa ets 60, 62, 64, 67, 69 
Water Company bonds exempt from taxation ....... 73 
Boundaries—reduction sof... oem svcce ef cue se sda ln Cs oe TD, ie 
OF Weds A wits cette tee Seca eae os ‘el trina ale ee ee teen eae 590 
Brick——test ¢Of wea s cqidkalacier ae ee eeu acdoeraiole ¢ WU6 perenne oe area 427 
Bridges—penalty for defacing 3) 5... i's Wie was vw ww 0 ents eye 
Bullding Codeseit ge hdc es pew chem out ane elie cuneate sakes ce 80-205 
A 
SEC. 
AISLES— 
In moving picture theaters ..... east 214 
Must Be: Kept open <eaucaer ds tt ere ee 184 
Width iofy dnetheaters co sels 7 paca eee 206 
Width of, in theaters without fly gallery 212 
ALCOVES— 
retesses TOT 5 Si Secs aever cee eee ae ern 54 
ANCHORS— 
Beans ‘to S7iPd erg po. eissaelcp ieee ala one 73 
Beams TO: Walls: ox -.. canevg tence kene oo en eae 72 
Chimney hos octetes ter ete like eee tee 60 
For veneering material ............ 1738-176 
OT $ColU Msi oak ote. white deans eet hin whi ed uate 116 
EOYs 5 ae eta He la Te Ee ee cece eee 74 
APARTMENT HOUSES AND TENEMENT HOUSES— 
Area ,of, vent shablts. qin: ites tee eee 235 
Basements and cellars*in 94.... sae ee 237 


Bottom of shafts, courts, areas, etc.,in.. 236 
Cellar stairs, location and construction of 216 


Chimneys and fireplaces of .......... 234 
Closets prohibited under staircases .... 218 
Mefinition Ol ws. ees ek ce he eee 21 
Existing buildings, remodeling of ..... 232 
Fine OsCa nes (inn coors eed a ec eee 153-239 


- Fireproof if over three stories high... 215 
Hallway inclosures and staircases .... 217 


Mmner courts Glo Act Lea eae ee eee 221 
In Tear *OL Moticn te 4h tie fete ee eae 226 
i Lighting and ventilation of rooms .... 225 
Lights in public hallways. os alewes 283 
Open. (CONTES § OL 4 2 ay Rates ie ee wee 22:1 
Other .buildings: onésams.lotv. oun 2 ee 224, 
‘ Outer and inner courts may start from 
second -floor., levelo)..% iiss sn eesel ete 222 
Percentage of lot occupied ........... 219 
PLIVAGY SED, ALE I ee es eee 2a 
Public hallways, windows required .... 229 
Sizesc Of s TOOMIGE socks <inc4s ots pee ee eee eee 228 
Watercloset accommodations ......... 238 
Windows and stair hallways .......... 230 
‘Windows in bathrooms, ete. .......... 227 
Windows in’ rooms see. 22 oie, Bee 226 


NATOS © Abe, teh ecetats wht a ne are Ee ee 4 Pee 


INDEX 911 


Building Code—(Continued). SEC. 
ARCHES— 
TRIER CPE, oc alo te ceo oes eee ciate alatete avs 50 
Perininier re NOW DUNE TN ac oe eS 65 
ASHLAR— : 
IU et ee ne gers eis «tamara es 39 
PROUT UME ANES 4e8c Oe, s Crcttete rg cea gle atta es at seh wie a 39 
MIT DEIORNGBS. ii. c cess, ote tla tarele eso e 3 
RATT PTae COT GE ee a cletel cca eet eravates blot ora oy irs 39 


ASSEMBLY HALLS— . 
Cannot be over thirty feet above side- 


Mra R TE IGN 2 TIVODTOOE ial ate fete «ear k. ote 213 
B 
BALCONY— 
TITS SERCH DGS by abo tauste Stes ota a. waste Paley ele 155 
Projection over public Ways... «+s... 82 
Width of exit balconies, theaters ..... 192 
BASEBALL PARKS— 
Bill boards or fences around .......... 137 
Stands, requirements for ......cevcecs 213 
BASEMENT— 
TROILNOU asked Weald re: siete ed Ro Mersis fet a there aan 40 
EG nets een ia’ cvate-a ‘sles ele. 6° sate areee ae 172 
VPCTe To ako: PAR a aa Pe ger ane a Gn 58 
Es tee rE oattny S? aa 'G0E tats Gate La} sheciar ner ate ee 40 
Of snon-fireproof.: buildings. ss. .8... 147-a 
BUTs Ot DINER MID. es wie clecd een ae ORs 152 
ad Pianist to PG) er. aig Shade Wola io sv otal oTade's 85 
Walls of, in apartment houses ........ 237 
BAY, ORIEL, SHOW WINDOWS AND BALCONIES— 
CRNA T AY CL LN LI 10) Ass cat Soo tata te knee aie teone e 82 
Projection over public ways ........e- 82 
BEAMS— 
ELSI Es AR EPEC: o Recto is Lele ral 9.2 ohe Gated 72 
UT eg FUP go 0007 05 Oe te Re a ee a 70 
Concrete T beams, reinforced ....... 129 
VU Bile EEO CLINE PUN soos oo alcis us levece are odtlnne ya 
Distance from flues or boilers ........ 75 
Floor and roof, regulations for ....... 121 
Incasing exposed BIIOS: Ol ear. ont s, cetens 145 
Reinforced concrete beams and slabs. 128 
pete CRG FO Ihs, WOU se ste oa) hs ot abet eters cae rays: 
PRR PO LM TLOORS! ctenc cree eh alto ie aie atenk ce wa 77 
erm Tees POT ye toting, eh ots) Ghab eats! at yt eal eee ye * 73 


Thickness of header and trimmer .... 76 
BEARING WALLS— 


PURE TAGM Da PEN Dh ka Nia hal glee) ah as. nie? od veiw s wpohe rs 38 
DTA PORTOO! PULL LUGS ~ create when ase oe ianet a ae te 44 
Over twenty-five feet apart, increased 

Ce Rg Bee RS Sar re kg yates ath nite 44 


VEL UP OMIM TLE BOle ath @ cde 2 derek & ecclanne eles 38 


BILL BOARDS— 
SL CeRES CLONAL OD rads ical’ s ool de> ar av Sneed oe Od 


912 


INDEX 


Building Code—(Continued). 


BOILER— 
Distance from combustible partitions... 
Distance from dry cleaning establishment 
HOW <SUDDOTLOd © vate kas ede os See eee ee 
Inside. of. flues. for .boilers’ ...4.2 2...2 
Docation Jol, fin-theaters.—... 4.5 se see 
ROOM Im Parawesy or. pees ey ha ee eee 
SMOKES PIPES OP ete iecete abe ee eeei eee 
BOLTS— 
Connections Lorn. se. sit tects nes uslerseands eae 
LY LTUSSER. 2 SRE ike a tet teeees aneeces Geet 
BOND— 
WLEM ISI, A Pe ree ia Go sateen eae, aoe ee 
To be filed with Board of Public Safety. 


BRICK— 

Brick rand " Mgsouryework o.2%...c coe 
Cellar: patiitinns et hicknesas... .ho ee 
Face brick of different thickness from 

Packing “VAs tee se eee oe ee 
Partitions, limiting height and length .. 
Pressure ODS wh fe oe ee ee ee ee 
CHEB UTS 2s Fore. ene aN ae oe ie 
Soft brick not allowed in cellar ....... 

BUILDINGS— 

Definitions of various buildings ....... 
Division walls separating rows of ...... 
Dumb elevators in fireproof .......... 
Existing apartment houses, remodeling of 
For storage of oils must be fireproof .. 
Foundation walls of frame. oie. eo... 
Height of cellar and basement ...... 
Heightiof; defined a3 Pets ee eee 
Heilght*of “Stories wails sem se eee eee 
Inclosure walls for skeleton .......... 
Invdwelling *nolse “classes ceo eee 
In “warehouse -elass o>. iyp0- ca va en ee 
Maximum height outside of fire limits 
Miscellaneous buildings ...........,.. 


SEC. 


89 
178 
89 
62 
208 
180 
67 


122 
123 


108 
22 


21 
n By 
ug 
232 
182 
173 

40 

40 

41 

47 

42 

43 

40 
240 


On rear of lot used as residence ..2238-175 


On same lot with tenement houses, 
rerulations for Gaemcw, oe 
Over seventy-five feet high must be 
equipped with standpipes .......... 
Over eighty-five feet high must be fire- 
PTOOLl S460. Pew cele ha eae se eee 
Public—elassification of .....:....<. 
Skeleton constructed buildings ....... 
SMOKevhouses. sta ee eee eee 
That must. Deireproot? ee see ee 
Thickness of bearing walls of dwelling 
TOUse "lags. Oe. eras oe ee 
Thickness of bearing walls of warehouse 
ClAS GH. SE TGS ea rea cat cay eae eee 


oer ce ee ewe ee ew we ew 


INDEX 


Building Code—(Continued). SEC. 
PaO OORT Ra re ot oe eel Lh ge bee itnda, & 4 
venecred.: neloht tates <n We Eaten 176 
Wallis for public dulldings: ocak. osc < 45 
Walls of fireproof buildings ..'........ 139 


BULKHEADS, PENT HOUSES AND SCUTTLES— 


GOUAITUCHONS Of... Race ti enres heehee 94 
C 
CELLAR— 
PERN OG. Wee te siete Laat coe ae Ce ae ae 40 
ROOTS Ol or etn) Sal Ore oe ct ees 58 
Floors of, in apartment houses’ .°...... 237 
PARI O GLU We eae Teen ea et ene. a 40 
Or basement in apartment houses ..... 20% 
PALTINON WVaLIGUe aa. Seats taco wore es D7 
Stairs in apartment houses .......... 216 
Stud partitions, when used ........... 57 
Walls of frame buildings ..........°. a ly fe 
CEMENTS— 
Bricklayer’s, définition of 2 ee Pee. 2. 22, 
Certificate of inspection .............. 3 
SACL MET PA eis, ee Pees 8 taty Sol ot Aube BPO 23 
CERTIFICATE OF INSPECTION— 
PAS RIDE Em priya ote td 0 ae teen ee 23 
Peete WUT nin ere Oe yh ee ee ct et 163 
CHASES— 
MP TOPE Lea rGd: (Olid Sot ce. et See 54 
Pile et Bue ee Cre EIEN Ce etd ee ae > 
APP e ri Ue Yop et: Ft dane ae ee ie aie Fe AN ae 54 
- CHIMNEYS— 
WG A i ear ap ale el “iim aga ae RAE Rae 60 
a Fities sofia sos Satara Cine 3 
Hee AUAVe POOL (fie. an eee ee cnc 3 
MaLeriale COMDOSINE met te eure ee 60 
DPE CAL Fo yh oo ce ols ein. tated Coed Mak E Men og 63 
Oe DALiM eN Es NOWUSES ne Ce ee 234 
LAC DO IAS. Ceuete et area eo er te one 61 
Oiresidelameta tires et Cor re 62 
Peeler SUDO. EM Ber se nae? are 60 
Subic k Tease Ofc Lae: tS ae ee ee 62 
Thickness of walls, cottages .......... 2 
OPIS OL Tigi etal ee Ue TAN a fiveheeee woe e es 60 
When to be covered with netting .. 60 
CINDERS— 
Prohibited in reinforced concrete work 126 
COLUMNS— 
Allowable stress in wood ............ 112 
Allowable stress, steel and cast iron.. 112 
Rea Te St PON: Ol tok ice td rehc eter Occ 103 
: Waste MpOl se FFESUIRE ONS ETOP weak tas ec 118 
eeOntLicwiie  IDAdeiia yo ttre ds sO: ide Gees 112 
PLD RIA LEY cL Sy yt tut a a ciel Otet ec eaten s eer hs 119 
Foundations for iron or steel ........ 116 


Incasing interior columns, fireproof. ..116-144 


913 


914 INDEX 





Building Code—(Continued). SEC. 
Incasing interior columns, non-fireproof 146 
Incasing. \ OP ru Pika Nea tical aha ete tees 116 
Least dimensions isis Secs lw id Woetane 21 
Reduction :oftlive-toad: Of on7 <i. tee 104 
Reinforced concrete, requirements for... 128 
Shoés.-for-colu nips <5... oes 6 Hs beeen oe wre 117-118 
Steel and wrought iron, regulations for 117 
Steel lattice bars for columns ........ 116 
Stone posts under interior, prohibited. . 38 
Strength of temporary supports ...... 106 

COLUMNS AND PLATES— 
Regu lations hanes keoctessieu is niare ucla coe a eee 79 
CONCRETE— 
ATOUnd topsol mllesac sk. 4. Shee was s 34 
Beams and slabs of reinforced ....... 128 
Blocks; regulations: fom Are sess. cee 134 
Columns of reinforced ...... A) ARP 128 
Design of reinforced concrete member... 131 
Drawings of reinforced work submitted 125 
lor foundation, component parts of ... 24 
Forms! so Seo SF retaea sche aka ee eee ae 
Material of “reinforced <9, 4%) 2. at 126 
Quality. of material... <... wc thea ite tek go Rake 24 
1? DERING Acar. Ue Rhee cdersee te Vie ew ee eee ore 129 
Thickness of footing course, if concrete 36 
Variationtin: desiett i sicat pemens che ieiekeucky an Lad 
Working stresses, reinforced ........ 132 
CORNICES AND GUTTERS— 
OOnstTu chon Oise si a ae eee eee 95 
Of buildings three or more stories high 147-a 
Unsafe, ; 10: be TeEmOVed is parecuty hese are 95 
CORRIDORS— . 
WIT e pra hy uthosielas hiec<slents oho ete a wee ee L9t 
Minimu3 Wid tits: & acccurie we tatele wectece patna 188 
COURTS— 
Depth of, below: floor: level .....-6.. <. «9. 236 
May start at second floor level ........ 222 
Musto de: MireproGiy i. 5 lwtak sie tes ec5 ee eaees 191 
Must be unobstructed in apartment 
NOUBSSe te 28s Gwe Aiea LotR wae owen aoe ceanea ey 221 


Size of inner, for apartment houses ... 221 
Size of outer, for apartment houses... 221 


Theaters -Must wave -Onen. wk «sis acess 190 
CROSS BRIDGING— 

Por Noor DOanise ot ris hae he oh ett 71 
CURTAINS— 

Distance from footlights ......... Ara 

Regulations for, theaters ......... Bete EY | 

D 

DEFINITIONS— 

Apartment GhOUses oir as ams. vietwiee canete le se soe 21 


CUD (BOWES is, she sate pe VS Rrdibaaw he eceti eines cE 21 


INDEX. 


Building Code—(Continued). 


SEC. 
PISS DTOeT VUUGINER 5 foe Sree, 21 
DRAPE T AITLIGCEAT) ly ener orc e cae ae 2 21 
Garages, public and private .......... 21 
PAC MIMI ee Le Sats oak Vac ee ot 21 
PUCOMMUSLHFIOn MACOTIAE | A coc ko cu cleus 21 
PEN MEE AT ITTOD TAC TT et oe hay sais fo dies 21 
DI IREOPCOD SEEUMCIONS baler se Oe cv eb tures Coe Pay | 
CPINCGte TOL Ss sche arsonist Ot eee ropa A 
Ordinary masonry buildings ......... 21 
PITY ALA. WELLER Silk cians tec ee eee, 21 
Slow. (burning. buildings :s 5.2... 2.2 oA 
TT OUGINSI SOUSES » >; Bretils Ite o. ieiavewatene eter ot 
Veneered. bulldings oi. OS. a1 
WY AT CLO MO sh ake site elite: ae e ahaa Bes tela 21 
DEMOLISHING AND MOVING BUILDINGS— 
ATIC ALLOM ELOTe. DOLINIE titatek C504 oe & aceleseie 16 
Remodeling buildings in fire limits.... 19 
Laced sig CN -aa g) OOS 511) «Re wie ee ee eee by 
Temporary and detached structures 20 
DRY-CLEANING ESTABLISHMENTS— 
Pees ed 1 MERCY TE ett Bette gals Sh eee, Pooh oe al Pend eha no ne 178 
SUP SUer ENA MeLIA EIS ALT) Pest co ovte Gl Cae so whey” thao) wr nies 151 
DRYING ROOM— 
Fireprool: constr nection 4.0) oj. f chem eee 's 91 
PUORUTALION Sor Ols sOUCe so heieks do cndes lard’ ieee 178 
DUCTS— 
rake Ge re Mat cl ele ee eet steht aS beg 80 
Penne OTIC 1 LAT GAREL Ube fio os calles sucka dv toe tole bole 69-a 
Material and thickness in fireproof build- 
SEO arco eth ere, BANU Pig oe alle oak ache soe) abe 6 69-a 
NEO Pott ILOILO SENOORG YE ar eo g eb ye he ts dascte’ © 69-b 
DUMB WAITERS— 
MRCTELAL LONG tLOT Tatas ei a otters 5. Bete eh a7 1 
E 
ELEVATORS— 
Automatic passenger, where used ...... Viz 
Basement and sidewalk elevators ..... L722 
Cable, head room and brakes ........ 170 
Capacity of passenger\ sy PAN. 172 
Carer ols Gleva lore: sissies ware. ee ces Loa 
CPt a Gack, ak eb ed ee ek ia Rae a WINE oh ee 168 
Cariincates of inspections .4..78s0 7000. 163 
Coal, sand and gravel, location of . 240 
FO Un WERT) to bodd ork k id hous are a ene one bee: 
PORPIGHUT SS SOT hess bart, eer Nern ies! 21-164 
Meonetics eomtrallade. once saw cain aa. 169 
Openings in elevator shafts .......... 165 
Penalty for operating without certificate 163 
Pea OUES) ois als & beso! sie bee rete ar alle 94-166 
Permitator ereehion “Of os RA 163 


Plans for 


6 @& © @ Slee oi te 68s OC @- 6e a ee wise 0.6 


916 INDEX 





Building Code—(Continued). SEC. 
Power of Inspector of Buildings regard- 
LYN Ne ares noes as aloo tant andes Ue Oh eg aang 172 
Records: of INSPECUON ors ie rscie'e ong) sem elw els 163 
Riding on freight elevator prohibited .. 172 
Screens tee eae wants Dacca os eae, anda See Behe 167 
Speed of passenger elevators ......... 170 
Unlawful to run without inspection ... 163 
ENTRANCES— 
For ‘theaters Sou tiaie. osteo epene ls aienededcnsgs 187 
WV LGU OLS i oa otacee sccbtiede eee ie (elcnak pea te 188 
EXCAVAITIONS— 
Over. ten feet Tdeep’ 4 setaciaue saat ate 29 
Penalty on failure to protect walls .... 29 
Plans to show character of soil ...... 28 
Retaining walls for, by whom built... 30 
LOS DOSE UAYAEd yrs wintecers aah elatesatoneiers 28 
EXITS— 
Emergency, regulations for .......... 192 
For moving picture theaters ......... 214 
Lights “in An Gaters? b.wt: a istc eras cees oc ela eee ae ra ie 
W tdthh “Gt. oe ie eete ate. eee ene eee 188 
EYE BARS— 
ReSiulations {LOV ced rc si ele e eee eae eae 123 
F 
FIRE APPLIANCES— 
Hxtinguishers: in’ garages s.cl5 fu. eas cere ja’s 180 
Tose; ‘CONTMECTION. 7. . scene asec eect 149 
In’ moving: picture theaters .).-.-12- sor 214 
In* theaters'to 02. vtec, oe anes ee eee 209-210 
Sprinkler’ pipes ‘in cellars 7.2) ics. wake 152 
Standpipes, regulations for .......... 148 
Steamer -Gonnection> .)+.0.-37.aatee ee ee 150 
Steam pipes in dry cleaning establish- 
BI OTIES Hite Rissa a sels acne Mee tarets Ciera han metres 151 
FIRE ESCAPES— 
152, LGONACH Bs aiekateos cans newest tl tal eee ts Seas takes 154 
BYACKOLS: Seriks aerate teers eres ee ra 155 
Drop ladderaaice. s.shpyhias Side ee 159 
®loor; Of fDalConiess):. 4. hee eee eel oe 156 
In apartment or tenement houses ..... 239 
Insideé-- stairways ns5 ots. as bis dae £62 ee 
Other fornigno£»s oe el sets ciate ee 162 
Pa lipitor ieee teehee re ene ere rn, clesnt Oe 
Plans Cor a cinsadaweeat ase 4: Whe alee bodes 12 
Halling Meise, tht aah abate kee Teen 157 
Stair waysi sisil ch om a ie ansee Meare Won 158 
Wihere, Qrectea soi. s ats made toran Wa 153 
FIRE LIMITS— 
Description 4OnGe, Gas Sey cies eee 147-b 
No frame or iron-clad building allowed 
PUT: Soe Sh ow'al S be tacist le vw Ph at PER RNR tn ee 147-a 


Remodeling frame buildings in ...... 19 
Sheds may be erected in ...... bt eth laha's 20 


~ 


Building Code—(Continued). 
FIREPLACES— 


FIRE WALLS— 


FLOOR— 


FLUES— 


INDEX 

SEC. 
iE RAT LIOT ONO UIBES ~ sin < ocak bw a wca’ aces ve 234 
PreS LRT  T aie odt ye stay ca ro dix Sa Baa eos 64 

FIREPROOF CONSTRUCTION— 

Buildings which must. be of .......... 147-a 
PTE MSUN Brent Peer G ot 4 tes cgaiernodhe ee cals 21 
DoT VISIO TWH SLO DEL OL? oo oleae te ene cian ee i el 
Elevator enclosures in fireproof build- 

DUPRE cele feoe co Shea ade tate cave or ciphuls oma 164 
Floor filling between beams ......... 143 
Incasing girders and beams .......... 145 
Incase interior COLUMNS.’ a.0<.. sce seeks 144 
Of apartment and tenement houses .147-a-215 
Rolling metal *shittters SS et... 142 
MEETIT LOPS. TT SCLOGPS hoo Fare ea eo ace elena 140 
Shutters to open from outside ....... 142 
Stairs. sat Stain ALIS es Aer. ee het. 139 

FIREPROOF CONSTRUCTION— 

RUPEE ALEC, Ute lt. els advice tee tabec a ater stack ate 203 
Walls, floors, roofs and partitions 139 
When buildings are considered ........ 147-a 
Window frames and wire glass ...... 141 
CPOE OWMOUGE Son, «cer. + 6,4 ie plate ae at bale 241 
PO Oe Gamer POISE So ae wie e kw 0 ' F 51 
eae ro EG CVE. vo. arckc ke ce «cele 70 
Cement floors in dry cleaning establish- 

BIE ee eR as Bl a ca sa Yet eee acet ese eid hae US 
CPEB ET IICUIO I LOSER. OL e averdvete s'al esis 0's ws 143 
Fireproof filling between beams of ..... 143 
PigoHe ane TOOL CDOANIS |: cir. us vga ee cist sty 124 
MOP Pcerlare ANd: ALOLICH a's s,6 00 c acess 58 
TORS POT mane tk aioe gra kie 6 ean tees ase eee 100 
lad S10 De CIstTibuted © «c's. ss. ¢.0 5 oles 105 
Of frenradiy buildin’ s. jos. sae 8 a LE) 
Of moving picture theaters ........ Veen Le 
Registers prohibited in aisles ........ 208 
Slabs, reinforced concrete ........... 130 
RSID OL IOS Liars 1 biaael eine « epete sai 6's ik 
Strength of existing floors to be calcu- 

LOR GTN 6 acl POP ke ay age qt P 

FLOOR LIGHTS— 
OME CEUCLIOI: OFF ¢. efsycoxtate. « Se tateres ote 88 
VP TOR NYAS TO Sea Ra etn a poles RN Pah ape 15 
DANCER L a, reves ir vies. ss ei etn ihe te Xn Titer 63 
SLs Wetec W a ads cng: Cutaiss ce oée 5 Weaeoith een ¢ '« 62 
Serea weiss Chew TMA TETIEELINL Severe Terns ciictacaee wit ee «is 63 
LIME Nesss OL Walls scoot brook < Mieweeteta: Seats 63 
Vent flues, construction of .......... 69-2 
Walls of high pressure boiler flues .... 62 


917 


918 


INDEX 





Building Code—(Continued). 


FLY GALLERY— 


Construction -of,. theaters VV. St. anes 
Theaters without, regulations for ..... 


HOOTINGS— 


‘Pressure under foundations .......... 


FORMS— 


Cf) GO NGCTELB IEE oka ke tele ke eis (hae 


KHOUNDATIONS— 


Base course: cies. isle aie aoe hens eee ee 
Conéreté ‘fOr saints Seal Mee eee 
Concérete “piles y.cshy 34 oiaae ointeit ieee eee ere 
Denth 2 -Of ss ss.46 aici c eee See Ghee ome ees 
Footing for, how computed » 22 visser 
For stud ‘partitions ina scelian “iia scones ee 
Grillagesint 5-5 san tehor Gee ee eee 
Headerg? Ati. 2.. Asta, eee oe, ee ee 
Material and thickness... chi. face 
Mortar. TOM. iar ate nee bate ate ee eee 
Of: fireproof buildings 23. >. je 1s. cease 

Of frame buildings < s:.:,maree- ieee 
Of iron sand) steel columns 2s. <b eee 
Ventilators in foundation walls ....... 
Wood piles, number and spacing ....... 


FOYER— 


Regulations for-instheaterss, eee 


FRAME BUILDINGS— 


Buildings on rear of lot 
Cellar *walis"of *)-a it a eee 
Damaged fifty per cent not to be repaired 
in fire limits 
Definition, of > Me icksclataien te eee es 
Dividing walls of row of buildings .... 
Foundations of, depth, thickness, etc. 
Framing’ of Ce sapet ieee ae ee 
Inside walls may ibe nine inches thick .. 
Material and construction. . ..3. 2.4. Jack 
Not to be erected in»fire limits:........ 
On rear of lot used as residence ....... 
Raising’ (ot ss. ve ae ee ee 
Remodeling of frame buildings in fire 
Limita an Cele ea a Oo ee 
Rowof frame buildings -oovee eee 
SNacin eg Ole ei. ats seecin ain ek et ck ae wet ana 
Veneered building, height and fastening 


o ©: @ BD ¢ 6 we 8) © © £0 bye WV 6 © 6 6 


FURNACES— 


Flooring under 
Registers”: OVER. soe we ee cen ee eee 
Regulations ctor. 6 saci masa eee 
Wert? Alfa ai eee ss ee 


oeoe eet @ e ee Be we www ee © 


GARAGES— 


Definition” of) ie ech eee ee 


LTT 
173 
173 
173 
173 
147-a 
175 
18 


19 
177 


174 
176 


89 


90 
90 


21 


INDEX 919 


Building Code—(Continued). SEC. 
Existing public garages must be made 

ECU IR ARIEL T? B01 OE Ore 00s ox a cpa tae. @ Ala e. aot 179 

PEPER LIPO UTM O TS, ay. aibtetle ac's can 0 eee 180 

PS ATO ALIS CIES 1s cere So tbere eh uetant 180 


Public garages must be fireproof ...147-a-179 
Storage and handling of volatile sub- 


RCFE Poth e glove cee es wre Ack te ak What hc ee 181 

GAS— 

MRPRE CAs Mt eae 9 Pe RD as? (ane Gg! a Re ha chs op tate abe 69-c 

RMR EINE ome OO ULOSLR 5 are bo uheuels cckiwiens.atboesn, so 92 
GiR.DERS— 

PEE) rANG LOCO LY, tt a. sakes yino ey cate bce IwIe acs th 73 

AE MCELL TY ECT GOCE Ger Couto aah s twuk, edcie- oa 9 ina e! SUR 21 

PEO) ENT OL Pluk traces ad choc toheed wort cc tels a ceeS 116-145 

Over proscenium wall, theaters ...... 198 

MOP TR a EOS O20 Leer cote Sieg, G. asiaheccal se, «© 124 
GRILLAGE— 

PRP TNL BEL OULS 1 1y a hete Solel wane ofeita oouhe oe wie’ 37 
GUTTERS— 

POIIRE SG LACT NOEy Fcc tehet as bow ca ote ear eae 95 

H 

HALLS— 

Pea een Ie tee ade foc'e, wie ae: o'n a Tabane roles 211 

Located thirty feet above sidewalk .... 218 

Location of hall seating over 500 ...... 213 
HEADERS— 

Beams, distance from chimney breasts 75 

DOME men tee dias lai eiceceibe alone: « abel susie: a. 38 

PaO SPM TMs osibcieia id leis she ndiarw tem oc ohele 36 

Thickness of header and trimmer beams 76 

CLE PREY ee he eal cicucte cd bak evade. aiebdheti’s |e 36 
HEIGHT— 

Increasing height of old walls ....... 48 

Of buildings, how measured ......... 40 

Of cellars and basements ...... cee 40 

eS ES EL) Cig oh Ome Ue 9 oar en en ee 38 

Of non-nrenrool, DuidINgs yl. cieendie : 40 

CVE Ree ATOR Yo ed. Oe ee dar stn, uberis: wie ew eral 41 
HOT AIR FLUES, PIPES AND VENT DUCTS— 

RaHEN EE LLCO OL Oy Lie cr crstecs: etecs ls tel ep eteiene.e : 66 
HOT AIR PIPES— 

eae eee DOI CAGE is ii vis «cats a tthals ole dais 90 

OR OL POLIO Vien yon ted voce cictia ston oud s 68 

PISUMTMe PT PON SLUG OLD Bik cee ce eee wie es 68 

PAWEASOU CAL DIES. Pais leant a % place shete wee" tw : 68 

PRL OL Sct teh eevg, ere ars eye Chek eae ee wee 68 

Inspection before covering ........... 68 

PEC IPIELL PLT ee tatoo a i eo iets ane ow 0! 640 66-68 
HOT WATER PIPES— 

PrOLecyiourturOoue ly GOOTS OL ol... aes es 69-c 


UCIT PED Od Ole sates sis "6 oo SS wats : 6'9-c 


920 





INDEX 


Building Code—(Continued). 


I 
INFLAMMABLES— 
Buildings for, must be fireproof ....... 
Storage oats ti Base oe se A eee 


Storage of, in connection with garages. . 
INSPECTOR OF BUILDINGS— 


Appeal to Board of Public Safety ...... 
ADVOIMENIEGHT OL Hn. hc oe eee eee 
Authority to demolish buildings ...... 
Authority to enter buildings ......... 
Duties OF + s5. 5.0 On aes ee ee ee ce ee 
Hxaminevall .biildingsw.. 7a. anc eels 
Inspect schools, public halls, churches, 

theaters, ete. coc PA na ee eee 


Notices regarding unsafe buildings ... 
Notified of installation of heating appa- 
TALUS Aik eaten ok Oe eae tate ene 
Owner. liable ‘to Sfines ¢ sane eee 
Powers of Inspector or Assistant ...... 
Powers: of; inxztheaters ye. &..e eee 
Power of, in theaters and public build- 
INS Fo PA Ee one aie ee ee 
Revocation -of permit 42. ee eee 
DUusSpension OL Work Gin. se ste wi ee 
To-act; on failure of owner.) .~.e. ce ee 
To cause repairs to be made on elevators 
To determine the maximum load for 
MOOTRS Hea.s. skcek 5 eee Rees 
To estimate damages to buildings 
To inspect plastering around heating 
DINGS ity. de kak Shee honk bg eas olen eee 
To. Ma Re LOBES CA in teta aaeerentsy nee va nee meee 
Unsafe: -bulldingesi eo) sis eer seine 
IRON— 
Cast: iron an telsr ety tile ota) sober ena ee 
Cast iron <auality. andes strenethes 7.6. 
Tron-clad. Dui dine soir vee eine eter aes 
Wrought iron, quality and strength 


L 


LADDERS— 
Drop ladders of fire escapes .......... 
Bnpinéers: (stationary, ..0 oe eee 


LIGHTS— 
Pexit -HNehts* in theaters. a. 23.) eieicsicas 
In. puplic: NAb Wa Veisnt sac ee eens 
On vehicles in garages must be ex- 
Line wish Od eo yecee ia he eo ietiioe ane ee Mae 
To be kept on publie obstructions 


LINTELS— 
Cast iron, maximum span and bearing of 
Concrete tai aicirsap ea > enemetieren rea iene 


SEC. 


120 
27 
21 
27 


159 
8 4 


211 
233 


180 
14 


120 


INDEX 


Building Code—(Continued). 

REPO AI A Per te tel ate on Sr eaks a aies cele ee 
LLG see nes 4 ek Pals Wale ete ec ate 

LOADS— 
PUT RUEe Metgtcte ss es) clave ove mea ely hee Ae 
Tee eRe OVW Pte edad ate, alk am han a tei shece. ¢ 
RRC mer tS) We 11a Tl) on, chr ein et elon ncacehauatn a ale 
On existing floors to be determined by 
the Inspector of Buildings ........ 
CVHOUOOTS UO DE UISLTIDULEG . c's ees ss ee 
Reduction of live loads in columns..... 
Roof 


MASONRY— 
Safe load for 
Walls, how built 
MATERIAL— 
Etre eT airy CLOTY WW ALLS ie el ala ete Bere ae 
Of reinforced concrete 
Of Walls 
vot ah oka gen) ys Se? Ree oe het on ee ea 
Tests of new 
Weights of 
MORTAR— 
ROC RUE RD Wane eed a sik ores cas are ey Ore 
; Steer UIlGrn LAUT fe .vetec piel aid ie gi aes wk 
Cement mortar required in cottage walls 
For foundation walls 
For other walls 
ETRY ges ree ee ee te tree: Gx. cS oak ak on eek 
MOVING BUILDINGS— 
PEIDIICHLI tOlre DOLMIt (esc. ear wee se ee 
Permit to occupy streets 


oeosoet eve e ees eeeeees eee 


E26 26 SOs POSS Ow See. 


eoeoeeeeeeeeeeereeeeeee eevee @ 


Shae ate Ta” oom ene Se. oO hehere Ba 6 6.6 6 


esoeoeeee eee @ 


MOVING PICTURES THEATERS OR ROOMS— 


Construction of machine booth 
Location of machine booth 
Regulations for 


eoeeeseeeeseee 


oeecet ee eee eee eee ee @ @ 





SEC. 
50 


100 
108 
133 


102 
105 
104 
101 
115 


108 
38 


36 
126 
38 
27 
26 
107 


214 
214 
214 


Seating over 500 must be fireproof. .147-a-214 


Oo 


OILS— 
PAV acity OL tan ky COUTAINING: ye wcd-yes e's 2 
Maximum quantity to be kept in open 
WOR ICIS Gir erent rats YP bis are uls cee 
Must not be drained in sewer ......... 
Storage and handling of, in garages .. 
Storage of inflammable oa ves tk ee 
ORIEL, SHOW WINDOWS, ETC.— 
CoE CLOG 00 ee ee Petacs aoe wrx ane tele 
PAINTING— 
Coie ICR CR DOS tac Rebeca ole «gu she ki tce ee 
Regulations: for metal work ......... 


922 





TNDEX 


Building Code—(Continued). 


PARTITIONS— 


Bearing partition walls in cellars ..... : 
Brickeand hollow ileus eee 
Inelosure* oli stair Halls oo eee 
In SHreproor POOIIO iss wei ee oot te te F 
Inside: walls of frame buildings: .....i; 
In theaters to. he ‘fireproof... 6...) i.e 
Reducing thickness of interior ....... 
Walls between rows of cottages ...... 
PARTY WALLS— 
Columnist LOG Ci acta wee ees ee Reet ‘i 
PExietine tparty Welle ec ese wee ee 
In‘ non-fireproof:bulldings = 4 «visser ss . 
Dining. existing “wale. an . 


PENALTIES— 


For building after permit is revoked ... 
For failure to make building safe .... 
For failure to protect walls during ex- 


RO VACIOVIS Ne seatn Venata ne aids bode ts! een eer ty : 
For failure to repair elevator ...... ve 
For general violations of ordinance .... 
For not ‘closing fire shutters. =... he 
For opening or closing elevator doors 
while: in. motiou 7... +s eee eee 


For operating elevator without certifi- 
CAE. Prana othe te & bie tea eee coe 


PENT HOUSES— 


Censtruction? of. ee Sa uistee 5 te a ees 
Of non-fireproof buildings ........... 


PERMITS— 


Apolication: top. cas 5 ane ee eee 
Bond e106 (De -Civen- 2.4 22k eee eee 
Elevator, fire escape, plumbing and 

electricg | + ioe Rees ater ap tae ence ee 
For demolishing and moving buildings 


PIERS— 


PILES— 


For erection of elevators .......6.6. 4 
HOT SIGNS. sb» ietetdeie mie eeeme ears vie ventas 
AG Hiab Latent) Beem ins a Mt pens ohn oe od) 8 Bee ate 
Plans and specifications to accompany.. 
Reguirements: LOT Ase. Asie wecmheps ae eae 
Revocation of, and penalties ......... 
Special permit for smoke pipes through 

TO OTR Rac eitete ess edb ls Gara ets pa atic te oat ane 
TOLOCCUTY CEU CGUN So aio pie eerste onan bas Tacediee 
Withont sdrawltes ay. seve acsce A ar 
ANCHOLS "Ss Se LAA tate eee tes tae whee ots eee 
isolated. -Neigbt20tagsc es Witeenemet ere 
Of concrete DLOCKS Gatissiakeas > eee eee 
OT coursed. stones sasaur eee ait ison ioe Te 
Willen i USE a ears ae eee ha icace cee aeieamats : 
Concrete :sroundst0D 2 OL boecaen ae eke 


Concrete molded in place... 26 sas cene 


135 


SEC, 


57 
56 
139 
139 
1738 
203 
46 
177 


119 
4$ 
44 
48 


29 
172 
242 
140 


168 
163 


94 
166 


12 
11 


12 
16 
163 


12 
10 


67 
16 
13 


74 
38 
134 


38 


34 
35 


INDEX 


Building Code—(Continued). SEC. 
Masimum toad On Concrete. ...6...... 35 
Maximum load on wood ............. 34 
NPL et eae ver Ser aoe acre aves ehal Sie hrs Cle mee 34 
PIPES— 


Asbestos paper not used over smoke.. 90 
Covering for steam and hot water .... 69-¢c 


Ducts for, must be fire-stopped ...... 80 
TAGtedi pe DONSTVUCTION OF possi Siscece ere oko 68 
HOt water, regulations! for ws 0. 2. ss 69-c 
Mil Cons TA cag 2 api ertteal oe et ec AbD eeu ea in a a 69-c 
Smoke = pipes for: furnaces «.......%... 90 
Smoke epipenc LUTOURIL LOOT ). «vere os.ces 66 
Smoke pipes through partitions ....... 66 
smoke pines through Toots ooo) 3°25.... 67 
Stand pipes, regulations for ......... 148 
SOLER LCE Tee Ot WHET he ek Vise elths eens e ce 69-c 
Steam and hot water through floors ... 69-¢ 
Stove, wolstanee from > WOOU4 27% le. see 66 
Supply and exhaust, in theaters to be in- 
ORCC ie atk koecisb oust. % 5. vet a tore brehe. aes 208 
ERATE ar OT RTLONO. Gor hcl acs vovubs ota. alerutsltel a 67 
PLANS— 
All-ehanges to-be-recorded: .....0. .. 0. be 
And specifications for elevators ....... 163 
Pen eee rica Visions: oo... ens is ccalele eee 12-138 
For reinforced concrete construction .. 125 
POPE) er WIP LL? sc eo nik eles eta 8) okie os ie 
Plans for fire escapes, elevators, etc, .. 12 
To accompany application ........... 12 
PE Cr ORR DONG ATS MIE) Boxy won ke ee eee chat ibid late» 13 
TOLGHO WA GUATACLO? .OL. SOS: « h\o wie-w ae a ae 28 
PLUMBING PIPES— 
CT EET RCT Nec cette rites Sto aa ht ai oh e's 69-¢c 
PROSCENIUM WALL— 
PROGE Wy Ord eee ee ee be ucet ere i aia aiid « 199 
HTrOvigcuswite A. Ure Curtain. sas.-6 whe. cw ose 199 
Ue ar el Ge ON ues Ma Beng (en Ld a’ aba a abel bch 198 


PUBLIC BUILDINGS— 


Aisles and passageways to be kept open 184 
Buildings classed under this head .... 183 


Lights to be kept burning at night .... 233 
Power of Inspector of Buildings relative 
eR athe Bet Se as ea Oe OR Sr AP ar 185 
PUBLIC WAYS— 
Lights to be kept on obstructions ..... 14 
BAGS, Los De FOCCUTHEG. o'. ate vivislels suse coke 14 
VIMAR Mate ony ge eser ok ata caste abode a, sows: ease 14 
R 
RANGES— 
PRILILA CLOT EL LOL? 6 cee tepterscs 28 See els to 92 
1LOCALIOU TESS SDPATItLONIS |: cic ea es 0 92 


Mere.l MAGES nO VEIN =. Scie eee ot ee 92 


923 


994 INDEX 





Building Code—(Continued). 

RECESSES OR CHASES— 
AZTCSAte tALCA, OF is) ais Foe #5 nee pes 
POr PRICOVES otha Gore ties spe crieee sabe careers 
Por pipes |i is case assets a ckeees tatec aie ene 
Try WEL ost x oak she he aon ke Je eas ieee oe eee 

REINFORCED CONCRETE— 
ASSUMPHON- IN -GESICT © «jive ies elses cee eine 
Beams and -SIADS: 4. .cclssctaelersele ee eeieae 
COlU MS a ee ae veel castes Fai dads loc er eee 
Drawings and Specifications .......s+.. 
WO OF e818 DSS ie bein de bogl iti eta oie eee 
Forms, requirements for’. ia.) <ueeraere 
Materia last oi ci: cach eae eke ae eee 
Maximum allowable stresses ......... 
Strain sheet and computations ........ 
tL -DCAING He cdot s atom ne th eee tie seen emaeeee 
Variations in .Geslen fot oie si eee ae 

RETAINING WALLS— 
Byvwhom ‘Dutihte.  . te weekcisas bk odeese ees 
Thickness... <a s:2 cote ah 4 oie a oe eee 
Allowable. Shear. sist. cee ee eee 
In: ‘LTUSSES “4 fh, =. tle ls FS eee ate 
Regulations tone... see pin eis 3 

ROOFS— 
Constructiancof émansardgyie, eee sel 
Covering sof =. 07 2-7 eevee eee 
Floor.,and ‘roof’ beamsis.4.te. sie cee 
Incombustible © hrf eee eae 
Leaders: from: 4.352). ies el See a Meee 
LOAdS: 25.5: Soe Sas ce eerie ce Gee ae ee 
Of ‘fireproof bulidinges” Gl neeke. aoe. 
Over elevator shafts to be fireproof .... 
Over stair hall inclosures, construction 


OE oe iy osiek ss sone en ote es rat Pah “cho oF 
mils. ON fie ke ae, eee eee ee ee eee 
Stairs to, in apartment houses ....... 
Theater"to- be “irenroolt 7... ce eee 
ROOMS— ’ 
ACCESS LO ins. i tcceeen Ore tac its Siete Pome s Soeee 
In basement of apartment houses ..... 
Lighting and ventilation of tenement 
HOUSES on wer ate ia s SOOM ate Siete ee ere 
Size of, in apartment houses ......... 
Windows in, apartment houses ....... 
RUBBISH— 
Removal Olas tere wie ae ee ee ee 
Wetting oletaris SiGe ears ives eee ramet Be 
Ss 


SAFE LOADS— 
Kor-masonry worke4ik hee 
For wood speams:<:. ee ue eee nt et ee 


SEC, 


54 
54 
54 
53 


131 
128 
128 
125 
130 
127 
126 
132 
125 
129 
133 


217 
203 


231 
237 


225 
228 
226 


17 
17 


INDEX 
Building Code—(Continued). SEC. 

SAFETY— 

Vy Te Le) Pap RU? Bae ste a re ee 114 
SAND— 

PolewelOlemlOCALONG OF sv sien as 4s cb $eorse 240 

SIP UME tng te, cicte Ser kitcar aie Foaleive ects sles sie 22 
SCUTTLES— 

PEPTLUH ETON OTM ick Reteleccts a tues «ee bo bee 94 
SEATS— . 
Arrangement of, in theaters without fly 

PERL IOVIb erg Ltd CIR Ys fase dictild-« © cra ot via aber she te 212 
In moving picture theaters ..........6. 214 
NWoE-toebe placed in-aisles ..... 6,334. % 184 
Retaeat) PaO Pow itis CHO SCOTS 4 © sydp ses at's a ot Rh 206 
SHAFT— 
Area of vent shaft in apartment houses... 235 
Bottom of ghafts, courts, areas, etc..... 236 
Depth of, below floor-level ........... 236 
Enclosures for elevator .........e0.0:% 21-164 
Light and vent, how constructed ...... 55 
Cperinse wiInsOlevator! cise. s die wise oie 165 
SHEATHING AND WAINSCOTING— 
Not more than six feet high ......... 81 
Prohibited in certain buildings ....... , 81 
SHEDS— 
a MCh EMS Pence ik i a) ee cb avéng e)e. doce 20 
eee nS Oe te oe eh vey TEs wc Cela Sa vba les 20 
In fire limits, may be erected ........ 20 
Permanent sheds in fire limits ....... 20 
Demporarvyy BUG “GEtAGHGd | ality sie. sco csetere 20 
SHOW WINDOWS— 
HE ae ott ek PO a Ue 0 ile Sia ciara U6 Ak, Own pa Paes Bie 82 
SHUTTERS— 
Construction of fireproof shutters and 
CLOG Case eee ert ALR he Bo ects Too shod Lae ea 0) ms ohh 140 
Fireproof shutters and doors, where re- 
RY ag Ee hemeck ack gies: 1 oh.c eas waa ones 140 
PME LE TS CUPL Peewee drach eye tote a af sini eh ai aias ss, 30s 142 
AO cOpet MEO ALO OMLSING: 5 aheie ona ece nce 142 
SIDEW ALK— 
POSTE UCT LO TINA (Yi cot ree oe Me gs cae Sans ed 15 
BE VRLOTS ie wee. alee erent ira asin aca ce pe 
LD erermes cer eupeeL Cae th 1) Va antsy cote tat Paty ao es 15 
SIGNS— 
EEE RDS 0c a ciate Seabee veal le ah net A al ate ae tea 137 
Dangerous, must be removed ........ a ls i 
WleRtrIC TESUIALIONS. LOL os ele sie clk cies has 138 
Over sidewalk approved by Board of 
PILDIIGAW OLR Satie. cee ere crs ee ee te 135 
Permits for and regulations for’...... 135 
Lee Ne. aide gel Aiahed exert ag Sg, Sasha! olde del tea ok es GE Ae de 136 
SKELETON CONSTRUCTION— 
LaDy hPa OT Ny Oy Ree ae Sy) Re Allee pa ae 116 
Must be independent of each other ... 116 
ieee MOTO ae. LOTae! so hercl eicrasas a2a/s'% 6 tle’ ok 116 


INDEX 


Building Code—(Continued). SEC. 
SKYLIGHTS AND FLOOR LIGHTS— 
Construction of floor lights ......... 88 
OTY THERLOLS OA so ie se seo is co are eens 200 
Over: elevator shatte ooo tyes eee 165 
HeORnIAtONS STOR y soared x cine oie Cee 88 
SLABS— 
COnCrete tai Mig GOK Be Pala, Pos gees cha ee ae 128 
(Mloor, reinforced concrete ..........-. 130 
SMOKE HOUSES— 
Construction ar loa ee ae eee vee 241 
Must. be itipepmoolinud Sted ste cranes -. 147-a 
SMOKE PIPES— 
How -protected, thimbles® 74 fos care 67 
Notjto pass throtgh Moors Jc. 5 ul. wae 66 
Not: toi passthrough) rootse si win. eleva 67 
Spectal peenal ti eliotn vere ae smear ie ae 67 
SOIL— 
Bearing capacity 7ale ooh 2b ee eee : 31 
Plans to show character of Vo ..5..445 « 28 
Tests of the sustaining power of ..... 31 
STAGE— 
Fly gallery over ....... es eR ods SiS ate eee Ue 
Wood «floor permitted’ i)... yess eit Mateo 
STAIRWAYS— 
Cellar stairs of apartment and tenement 
DOUSES’ AG sb olw cis meatal peels Ue ween Gale vo 
Cléarance:-OL0 Cle. Uden ole oe caatatay 83 
Closets» prohibited wider*. .s 0s. 218 
Constructed of fireproof material in the- 
BUGP SEE so. cisic hs Weta bie ae eee te eee ee 194 
Bn closuresf0r worse vaio se eh ee 21 
From DAGEMeCN IS fin2 5 clas oionorets ates Ghats 85 
Hallway enclosures fOr sek os es sete 87-139 
Handrails of stairs im theaters ........ 197 
In contact with elevator’ shaft .. 2c. 167 
In’ fireproof buildings’ ....... Brae hehe 
in‘ vpuble=bulidines sey. c ne cease eee A 85 
Inside stairways of theaters .......... 193 
Inside stairways used as fire escapes... 161 
Number and width regulated by oc- 
CUpPancy rss ae ahs te ie orecaen eae : 85 
Number regulated by area of hatiaine 2 86 
Regulations for width, risers, treads, ete. 83 
Risers and treads of stairs in theaters... 194 
Stainslandings it. INeCatare hrs «ae aceite a ean Re fs 
Stairways for apartment houses ...... 217 
Width tof stalr landings to. 7. ceit events 83 
Width of stairways in theaters ........ 195 
Winding sstalrwa venga OG eens She: ceded 83 
STAND PIPES—- 
Hose cOnNeGCtION S#I0 peteite cele es eee 149 
In theaters without fly gallery ....... ae 7 


Material of and location ....:3....; Pfpuieg Seis BF 


INDEX 927 





Building Code—(Continued). SEC. 
Must be provided with siamese connec- 
ERIN R OI ar biel. ¢: cd vison eh ace whee xh? 150 
Required on all buildings over seventy- 
RARE EGON Ll oi cds we fa iors a Seabee edt as site) 148 
Size and location of, in theaters ...... 209 
ERE ER OR hs a UPS ao Vo ait ela Natal ate ws « 148 
STEAM AND HOT WATER PIPES— 
Peete Oe? LOta ee 2 he Vela lsiea a aia, eedhe 69-c 
STEEL— 
Allowable bending stress ............. rit 
at PIM MMT ERT) Ghee Boat Fh ge aRL, val cue ea lghedst or ain 110 
Dee Ci alrey “ANG STON Stl | os sscvd earels. che 27 
OMI OSSIVOu Rirailt 6 Oe ee rein ee ath gg 109 
i etrerinetii. Ol PW LIS) ous tal coors co Sing rele 116 
Batiice pares 10r COlMmnNS 2 29 2. cist 116 
Sg VEN CE gh GR, Riel ee ta ata iyo roa op A he Oe 124 
Cease SIreneul se ot the ou cient ae 27 
Steel and wrought iron columns ...... 1 ie By 
Steel and wrought iron trusses ....... 123 
Brrenetia: StEGl COLUMNS | 0s. we ce ess 112 
C1 UE Ber 5 Oa aS SO al ina 109 
STORIES— 
een CT oc. oes laa ara, d, 2 stu celestuetar ele. 41 
Dae TWEE era Ch cya a de £05. 9 eo ayie ae hab 41 
Thickness of walls increased ......... 41 
STOVES— 
eit Meee LON boas oriole ee eee ole G sleuiie 92 
STRAPS— 
eC Pe ee ioe gee) ole oi ete nS nels ot one 13 
CEE ER) 0" peat a ale pat ke A GARE = 73 
t STREETS— 
DSB UREe GUMOUBLENCUIONS -<.fers hath aneieie: os 00 14 
Ciel eee PACA cha stabi a ielia aks x chadabel oa) ois 14 
Per VEC ULIUCIUND) Yoo ivy eteeahe eaend ae biwial wa 16 
SURGE LOR DELOCCUDIO’N .6 s.6 ws ecs lege bielbic'e 14 
STRESSES— 
Allowable bending stress ............ a 
Allowable compressive strain ......... 109 
ALG Walle: GNGAT A fie Gavel: a)cssalutd oo Net. 110 
Allowable stress in columns ......... 112 
Allowable tensile strain ............. 109 
Columns eccentrically loaded ......... 112 
Internal stresses in concrete ......... ae! 
Maximum allowable stresses in rein- 
TOTCEUs SODGIEL Gr esas As a chee ela 132 
Sates JOG, LO IO ASOTL Gove) tice clea ea Wot 3 108 
Welpebts sed inifisuring nites. kes 107 
STUDDING— 
Minimum size and spacing of ......... 78 
Minimum thickness of, for frame build- 
ELIS Bree eee ee eo a Se elt IR a: 5 tos OM gees ete le 173 


POM OMTLOM A Dae foe ag asa a's cl udada te eae oh ste 78 


928 ‘ INDEX 


Building Code—(Continued). SEC, 
1 
TANKS— 
Capacity Ole water doc ets aoc ste where ae eee 150 
Construction 7 OL... se «on ose eee ee 96 
DOCawO ne Of eee or i bee ee ree eee ee 96 
Volatile substances to be stored in .... 181 


TENEMENT HOUSES— 
(See “‘Apartment Houses.’’) 


Definitions: of 20055 Vite ee ee ee 21 
Fireproof when over three stories ..... 215 
TESTS— 
COSE. Olds Bs seein ae sawene ee ke eee ae en 8 
Of bearing power of piles ..........+% 35 
OPC COMOCUL t5'S. da tknel SabeLe ie ae eee 23 
Of: concrete blocks Are" sc ne one oe tae 134 
Of loot construction /o2 1st iss ee 143 
Of New. (Magteriglian-: back. chat seed ig Reeeere 26 
Of reinforced concrete designs to de- 
BUrUction icy cheese a age eae an coe 133 
Ofvsatety cof “pitldin gs... act eee 8 
Of the sustaining power of soil ...... ay 
Of ventilators’, . 25 ieee eee 201 
Piles:-to*be driven Gay. hie. eee ee 34 
THEATERS— 
Aisles Ans 2c 0 heehee tenn Tie mane tee na 206 
Boiler:Troom,;" Construction vot. .-2. ee 208 
Buildings termed -theaters ~.45 90... 5 186 
Courts and -corridora nrenroot =. - 2c 197 
Curtain, “regulations. 0% (sii... eeter eens 199 
Doors: to: Open: OupWardlLy =e eee ee ee 194 
Dressing rooms, location of, etc. ...... 204 
Emergency “exits ret cies Chee ee 192 
Entrance..and sexitg 123 eet ee eee 187 
Exit “lights 24S Aae oe eee see oe ee ae 
Fireproofing ‘of scenery, el. .. osm eres 203 
Rly galleries" 2). xs oe ea ee ee 202 
Moyers, Capacity 4Of<k aH tien ee ee 207 
Gradients finelo Tee eee ee ee 189 
Handrails’ ofstaire®.- aie se ae 197 
Heating. seek Ee ey ee oe 208 
Inside Vatalrwaysi ia. tee eee See wheat tie! 
Location 1.0 fesiares ices ae eel 187 
Moving \DiCtwren Gea! eee he ete ee 214 
Must; be ineprook se 7p a eu svete cade 147-a 
Obstruction invaisles etre. eee eter 184 
Power .oftinspectoreeiwe. cea eee 185 
Prosceninm wa lise §. 2 eee steer er 198 
Risers and treads of stairways ........ 194 
Roof to be fireproof construction ...... 203 
Seats ands alslegwur: enews accee tees 206 
Side sCOUrts oy Gel a ree eee nee er ee - 190 
Skylights: LOT vey eeern te Sale arn nee 200 
Sprinklers, (automatiows: es. cs. ee nea Gi 


Stage, construction of ..... oe Cidtaretetave ea ra 


INDEX 929 


Building Code—(Continued). SEC. 
Stage less than twenty feet deep, regula- 
HIG TAS OTE ooo nism lO NE RD Paces tes ebal. s 212 
Stee EA TESOL eat he ay ene vw tae pion de 196 
Pr aPe Le Ve te ORnLe eMee eee ss ens iene iakel co cley ae s 209 
RECT SECS DMMP one 2 Se Ty eis 4) Visa thale< ceucwce! & 6 © 201 
WERE COL TibAl IT sCOLPTICOL |... 2 "sot id w bieie wes 188 
Ne Tae NICE PWT Vs. ere. sac, 20g eh ane at's 195 
1 phiglio #20 Bn Do, rain ENE Pi lad ORS ae Se 205 
Vitoove re Speier Lap Ano) ce MRR ie MC A ena Se Oar a 203 
THIMBLES— ; 
BP PEP arr era) The 0) Wier cee ar, Vast a etebs ke wie Sakae ek 67 
Oe CLO CHIE BLE Roo keen s, tea taees ot ole acairels. atete «0 67 
TIMBER— 
ROLE SLERC Y POC ip Greate cee Cia S12 sls eee S38 iat attel ass 25 
TRIMMER— 
SNS LUCE OTA Oli ets aie hee ete ek ee 76 
Thickness of trimmer beams ......... 76 
TRIMMER ARCHES— 
MP ARRIATI CRIS OM eer ts Baty pce eid a ae ee 65 
PUMP tla AGO TE pokes tutes oh oe ch ate usp ln ldye 65 
TRUSSES— 
Ea ER etc oad Peat b. s) « PAP or 2 ee Te tly ae 134 
PUES UCP UG em ee a ucts oO, Shas Sunt pratan foveal «ic 1.23 
LGPL ane wWwrouetitITOn |. 5 %lele area ovals «0 123 
V 
VAULTS— 
Ce TEAS Gee Te TUL WW LIS rel vs a eae arn ous s <)> 58 
SGN ED bes: oa Cay tL age, mae a SR a a RL 58 
Cite ear(Viv eae Aes Me fy Pe ay x Be SY hi Gs Sine Oh p-dea wre le 58 
UES ALT g 2 LE Te let oie i ee 58 
VENTILATION— 
DU Stec hts POSUIALION: OW. daisies. doe tnekerd ms. 69-a 
Of dry cleaning establishments ........ 178 
Of rooms in apartment houses ........ 225 
VENTILATOR— 
May be used instead of skylights in the- 
BSGT Gis ete ete oti Ue we PIM es. 201 
TSL IPA O TG al GO Dealer te so chal coe cet Sie 201 
RGSLORO Reser tet. SrOR air, Se ree. 201 
VENTS— 
Area of vent shafts in apartment houses 235 
DURA It? DUD LC SCMLOGIS = 0% sc. ces ato eben ole 69-b 
TEVA LOL AV OTUIAUIONM © os.i0 ahs ov otevg-atare mete 69-a 
Popmrecas; stoves andserates ia. cig. sere. 69-c 
Suatie. NOW sCONstructed.. Jerse a. . 55 
WwW 
WAINSCOTING— 
Not to exceed six feet in height ....... 81 
W ALLS— 
Adjoining walls, minimum thickness ... 47 


Bearing walls defined ...... act: eae 38 


930 


INDEX 


Building Code—(Continued). 


Bearing wallsin’ cellar Woy 2. ese 
Bearing walls over twenty-five feet apart 
Bearing walls with openings ......... 
Bracine "Ole va sino ode eee tee eels eee anata eens 
Brick and hollow tile partitions ...... 
Cellar partitions in residences ...... ag 
Cellar walls of frame buildings ....... 
Division walls separating cottages ..... 
Wxistine party Cw alles sits ww ace toas ete ye meee 
Fort cottames! sii ca. tare eee ee eee 
For light: and vert shattss tiie tess es 
For vaults, area ways and cellars ..... 
Moundation eas) Bs G, ueente eee 
Foundation, of frame buildings ....... 
Headers: int’. 8tonewkc. cB Sous oe ee 
Heading=.courges’ in= brick: ..346 see 
Hollow walls: defined: +3.) 3.5 ona s 
Howes DiLilt osietitinns hae cee ease ce 
Inclosure walls of skeleton buildings 
Inereased or reduced in thickness 
Ineréasing* height, OL olde ac. ae eee 
Interior walls reduced in thickness when 
Lining cold walls “.ivausraas eee 
Materials of igieciua.¢ . dS inctn ss: Ones ead cari ote Vat one 
Mortar: -for *s 7.450. AGae Sa eee 
Of ‘coursed <Stone~ Veet eae eee ee 
Of “fireproof: bulidingss..- cee ee ee 
Of publie: bulldingsn. og ae cle eee 
Over one hundred and five feet long, in- 
creased thickness.) fir. ace sears 
Parapet walls demined.tt su. es ee ae eee 
Party walls in fireproof buildings ..... 
Party walls in non-fireproof buildings. . 
Proscenium. walls, theaters: 2 aera 
Recesses ‘and chases (ine)... hom Sater 
Retainin gs: *thidknessrot aeons ae eee 
Thickness of, -cBRamney (ei Fee © eae 
Thickness of, dwelling house class ..... 
Thicknéss: of)... hueso. Ger ies ok eee 
Thickness of, for cellar huts ........% 
Thickness of, UWIncreased? Wisi eset 
Thickness of walls with face brick .. 
Thickness of, warehouse class ........ 
Danlimited) walls) @eamen Revs ee.) ace ee 
Unlimited walls, dwelling house class .. 


WEIGHT— 


For. curtain A tneaterni se sists cis anoee tena 
Ofsimaterial. itis act ee ee ae ee 


WIND— 


Pressure. bosses iden ieee cccceteie aes tee naan ee 


WINDOWS— 


Ba Voices ota ee Siva aes ¥ phn eig Pave wae e teas 
DOPROLry 0. Giivik os eee ies eet ae eee 
Frames in fireproof buildings ........ 
In basements of apartment houses 


SEC. 
57 
44 
38 
49 
56 
57 
173 
177 
48 
59 
55 
58 
36 
173 
36 
38 
52 
38 
47 
46 
48 
46 
48 
38 
39 
38 
139 
45 


46 
51 
44 
44 
198 
53 
30 
62 
42 
63 
173 
41 
38 
43 
44 
42 


199 
107 


115 


82 
97 
139 
237 


INDEX 93t 


Building Code—(Continued). SEC. 
In dry cleaning establishments, to be 
aD ag 81M: 8 ee EE a a a a eg ES SO 178 
rMeti Lie LLL WE YB? aos fe she's a ene eis ena v 0 229 
In rooms of apartment houses ........ 226 
inprair bealiways; size, ete. ... 656.5. «. 230 
Tete Way WITICLOSUYOS ». Gc oss ae a 8 os) eale jy On 
aE MRT ISN Ne ea oc a's ah a Cdk ar wl ec Sete 205 
In watercloset compartments and bath- 
PLease Sa eee a Is heat adds Wal atieS 227 
Metal frames and wire giass .......... 141 
Opening) in elevator, shaft soi 1.50) geeks 165 
Opening on alley or street in fireproof 
BUTUIICL AT eee te cian lala ok. ARLE w ooeelalte 139 
Opening on fire escapes to be fireproofed. 153 
DEER TY I a dint og reer ok a a Rn OR Be 82 
PAGE 
Bunaine Imepector (see Building Code) ........c.c.000% 80-205 
ITA ETAN IU CO) Lae a etait, cles ehailc! & pele die iam) Beale biel d wlekl wlgse 205 
PERT TCT, AX WLR iets a ele ao! Sse ete tale Sees 541, 542, 543 
mmrmoiie Ala—regulating Use of <s.. e. li me eee c ee vies 208 
Cave Hill Cemetery—for: protection of ...........ccce00% 209 
RE Ma ee T OM UIAT ION OL © si. g's aw os 0 oo er olelk ed afore eee mele 416 
INGEN SS BSE he Pa ee ree 209 
EER 0 Mate Oe eT oily dk oc Seed talus @ Gelb oe Were 216 
PAE ae eT REL CUR CRONE CA er ae Gs ghia! glee bie aline ave [Aah le ehalal w "ele 211 
EINE Peed LETIGON TE CVE Cts cls Sh die! ohse bd non tite ai vi ete! dow eneiels Cauele eae 36 
SE reret RO BETUCLUOME DOLD cer oie: Se lalate a cheese Sie ve aosla. wale suw's 601 
MEMEO Vs —1ONT OL ot arn bre ae 6 claleld aie sialaeeee eevee 21e 
RE REE CM pris, Wid d's Sige, ual vy old's 8 bale eh ew wn 212 
ae ERBe LIVER GISS og. i ieie ts. oes cP ew ect a 828 DARA eh sake aida teed ie 213 
UNSERE Ny aces ath 2 Oh Laci gn ima ce tv cd la e'eue. 4 214, 216, 216 
City Buyer—duties, salary and employes .........ccsceee 217 
regulating transfer of articles from one department 
DMT EC NE TN RCTs Me ie SRN re ale ng 'gsel ad out ul ater 566 
IE NIN rn Pe NT tes ea aie, Wingo, ey Vie nies) # «plese 6.000 221 
City Hospital—room for insane persons ........cccccvcoes 222 
ree aiN Bas Tete ox lc obec lave cain ace ese, @ Sv ereusrana 216 
Olesme—manner of presenting .......cccresposccces < awk Cee 
Grereymen—to report marriages . 2... . ccc wee cee ewe eee 342 
Pre acOneTALSCOUNCIE %.:. ws s+ <3 0 8c ces ma bins wees ee. 224 
Compilation—resolution ordering ........-.cccecvcccvsces 5 
muererotier——crerk allOWed.).'.. 6. ..0 6s seis + wlewee web eemeie 225 
TERT OR ergs pete Dare tsa (ell y's) 6 cy: 2a a a eon Pay eee (e4 
Re OL TS CTO ION 456). ich a: 0, x). 6 ne win 00 > eons ole sr*9 pee mee 624 
Contracts for construction and reconstruction of streets..... 226 
Convict-made goods ..... eta t te Minnie Sia sha Noi bs fadiae: teed pare 228 
Cotton seed products—weigher (see licenses) ...........6. 315 
EMILE SOME a Susie is “oc clca es steko w ovo, 04s) «00, eb é ods apeptece ‘ty 
ES Oe aR ee ee dist aislas¢ , 832 
Creditors—taxes due to be deducted from claim ........... 540: 
TETAS PRES YK ee an LLNS ww doce ld eva € arco llel bom covabecelione 423 
to be constructed from Kentucky stone ............ 478 
Day laborers—fixing number of hours ..........-..cccee0e0. 232 


REPETITION OUI OL. cic .c mic.n.s" cassie asaieve o0.0bs aie wom 0.000 230 


939 INDEX 


PAGE 
Dead > animals, .G.0. ger ste eed eee wits SBM s take es rotate lar eee ean 18 
TEMOVAL «OL Fee ctae atic Sct purdecel occa kal te tae cea eee ae Lee : 18 
Defacing -public- property—penalty “os 0... Ne ee cases - 399 
Delinquent tax list—publication“of* 7. fo. se ee os toe . bd4 
Departments—transfer of articles from one to another ...... 566 
Deputy -ASSCSSOTS Fo) Shire ont ac oem sly ept agen telat Metach ae el te ee 30 
Meputy Tax: Recelvers sa ee. teats hee eee ee oerw sete ieee 
Dirt—to prohibit throwing on sidewalks ............ece0. » 802 
Diseases—requiring physicians to report .......-.cc.e0ee0. mPanene s | 
to prevent spreading ofc. siya we > ol cee tet eeene breve inter 231 
Disorderly -conduct—penalty ©1255. sisson: lace eee eee eat one oc. oe 
Display’ cards—“probibited -. 2. se wiercdele egos ete ee eee Zou 
Dogs—prohibitine “Viclous 7.\.s- 0, cle asks oh ete She wien eels ween on! (28 
licenses OL io ae el cote s Wleee a ene. chee tote Cotanee tate a nen 315 
TNLICONSOE S7~,F esate tole Perea ote -stakons! d1¢ tee) sae ae eee eevee 
Drunkenness—penalty POP. Fos hvanls esis ce oils evetecansteye eee nee 238 
Elections by General Council .......... sigh se lehs Men teeaee Sri erer, 12 
Hlections—revgistrations; providing for? .. 2... . 2... tee 459 
firemen not to interfere with ............ Pee pt pte § 252 
Electric plants and wiring—regulation of ...........ccccee 239 
Electric power, light and heat—license of venders of ...... 333 
Pmbalminge—regulationiot ...300. 0a. eee TONS ee ae ee 241 
Employes—list of: os Aik ve oa be Pe eee De ee ee 606-623 
Employes—taxes due to be deducted from salary ......... 540 
Erroneous tax bills—credit to be given for ......... ae aha 538 
Eruptive -Hospital—appropriation: for io... Va... 26 ee nee 527 
Executive Boards—to attend on General Council .......... 242 
Exposure.of person—penalty. + ..0.0 .-.7.8 co. ee aes es ae nee 247 
Fast driving——pronipited >... icaisys.ales < hee shee al ata kere eae Cee neem 247 
Fire Alarm Telegraph—penalty for injuring ............. + oe 
Fire arms and fire works—regulation of ............c.ccc.8 249, 
Hire -arms—pbDlank, cartridges. 42°) 20 Wk. cea ee eee 41 
Fire Department—appropriation for -....0....'S. « sc« elec eee Sy Arf 
Fire Department—regulation of ..............06- 252, 255, 260 
Fire escapes—regulation ‘of 0000. ese ea ss ee re eee 250 
Fire. hydrants——erection of. 0s45 <u wt oneness » | 26% 
Fire hydrants—regulation’ usesof. weit wae ccs ehelese cee nee 261 
Fremen—not to interfere with elections ..............c.. 252 
Firemen’s' Assoctation: 25705 Pa tee oe eee eee 249 
Mlour—regulating sale by. weight.”.: 0... 3. Ses. eee ek nee 262 
Food reculating sale: of sul we oat. ele ce es ee ee 264 
Food—sale of unwholesome forbidden ................... 265 
¥Franchise—conducting steam heat through Fourteenth 
Street oi. ook Rey eee be thee ned acne ene 270 
water pipe in Fifth Streets. «240... wsacn oe eee 2i2 
steam heat in: Courier-Journal <*> 2 ee eee 275 


electricity in Main, Fourth, Fifth and Market Streets... 278 
electricity in square bounded by Fourth, Fifth, Green 


and Walnut Streets “yc I. eo ee 284 
refrigeration ‘in’ Bullitt: Street. 29. 2. ees chee 288 
steam” heat in “BullittoStreet’’. -S27. 3a. bee ee 290 
steam heat in square bounded by Fourth, Fifth, Wal- 
nut. and Green ‘Streets 95) en eee ote cee eae eee 293 


INDEX 933 


¥ranchise—(Continued). PAGE 
refrigeration in square bounded by Fourth, Fifth, Wal- 
TE IT OT) PHL TEOLSS (che sone pa ct crarern ie ers ce delete ese 296 
Franchises granted to railroads .......... wip deh ab ava’ yc tee eel = 429-457 
Furniture cars—regulating stands for .......ccececscscees 301 
Marpage—reeulating removal of 2... ccc cee ce dere ee ceee 302 
Gas Arbitrators—providing for compensation ............. 305 
Gas Inspector—assistant—duties and compensation ........ 306 
TRL CEO ——ClOLiKS, Off 2. cs ely ole cloves cs velsceceeeee 224 
ENTS TE, 6h aihe Fors “ead ahets te ve ioe late cae ee alate teks ees & 838 
EPP EEy DOT OL Vite a cite tata ta lacueiet dva cla c shal esa al”: *, ee ese sce e 824 
Spammer ereguired - FO ALLONd) 4 sels cle eas 0c ew wi vis ears 603 
Glue factories—regulating ...... Oy ROC ata ee SOE ae 307 
Gongs—required at railroad crossings .............-ee08. 457 
Health Officer—births to be reported to ..........-.ceece 39 
meee erate? De ATGUOTLOO 210. cts sca cic ccete le cite ea 6 ela stele abs BE 
Peete eT) TE DOTTCH tO. oc. cc 0 sic cc ce cee he tee 343 
Preteen ttitecd Cay Ss lAhDOI . i. c5 ss bbe wees ee ec ee eens 230 
Household goods—regulating moving of ..............000. 308 
Impeachment proceedings—regulation of ................ 243 
Mmemector of Weights and (Measures ......:...cccesccccece 596 
PEO mrenia-—liceNnse Qf 2.0.5 ce ce tt ce eee uee 309 
ROEM TAILS eset a) gke te bse s €.8 604-4 65 Ga. 6 0 8 bs oe o eee 0 8 cs - 809 
enn MRED lee 000071 (1 OL yr aiiatn crete to's nic le'siclois's'c clnclaseswens sec a11 
EEE AL Bor (STINT (01) 3.4 so. 865s. 0.86. 6 4 o Calc ole 6 a ee ele eas 313 
Kentucky & Indiana Bridge & Railroad Co.—franchise granted 
Ae SEs A arene 429, 432, 487, 439, 447, 451 
Law Department (see City Attorney) .............00.2. 212-216 
Licenses—certain trades and callings ...............000. 315-333 
A OS OT Siac cc's aie aera acta aie’ wal dt athe ole ole 
te Ea SES a 8 Se a a a oLD 
SE ETEN EE Patt OTIC Go ci'n a’ oi aire ale! eae ce lehehe seis 06 web aielets a15 
RUE LIT LOSER ECSTEMDY 5. (Sic3 <1 2) ofc dd aha Stay ch alin de 4: s0ee Oi 4 shaw wh ial as 319 
REE SOR A F020 SN da dag ag od A Srw iw are Geel whe old whewsne © aL tk 
CEE SIR CONS S07 5 oy ciacate: cin sla lal dale seo ears Ale ek lock % OLS 
RIERA REMI LA WG Cn) nhc 5 gee oP e Urerus les. Soki'a “ace toe olga as SLT 
Ne ET PS SO oe Log! oh gh a a’ ok 4 oo") cate FE actu ets luc éc@he ahs SLT 
TEMG rere te a! tie es plea Eee etieia sin oe 315 
ca hey ESE MS #0 i a nae ir Sa ee Oe aed Se a 330 
EMEA ecret LA TIIO OUTS er vin ec, «wie shire lelnys thie eel dieialy te. ee 36 
PINRO RATA ROB Moi. cel a ahve oon tlie) ole 4 aie o gi 'ese 331 
Reem OXI t eae ee. aus. ov os dso Pak cece 321 
DIIMRMMIET MSP Gt a Ne eee. Sea See eke ke eke oLT 
SEIMEI E SEM Meare Lat out Siels, ois bas ene ere cee bee kava tle SLD 
NUE TTS 2 Id die) aoe ee ee i a a a 317 
ORE UNO 3 el dea 2 ae ae an oR aS a i eet 318 
Peal olate Mer ee poe SIRS bee De er ae ne 318 
Cee Ee Le Vere NL rhe At Ow Re OY ole ae as ta 318 


Lis MRAP MEy Dairy or 0 ta St Ie ay eee 318 


934 INDEX 


Licenses— (Continued). PAGE 
Brass knucks—retail seller.............000. oe 6 et at 5 eae 
Bridge: cODtLACtare sone heater diets ate qnemeks oropet eee 
‘Broker—bonds, etc........ Praisieewes ee hard ~te hare 318 
Broker—lumber ........ a ee ae ih C9 een we 318 
Broker—merchandise ........ os ava tots, shu stbede n.  oeeeee 318 
Broker—ticket ....... oo ela: aust oe taleenia aha eis eee 319 
Broker—tobacco fis Vale era dhatle tate Pe ett Parr. ee Pe ee 
Buggiosssg Weenie 5G thadin ly steel rere ens Fe} 329 
Butchers: es everett ay ee ee one o tale tees ec ebhatateeeteertena 319 
Butter—-sellere Vor Ss se utebialw ans epic peep ownsttitas .- 326 
Cards—playing .......e.6. oust sce fe ce henaes & indie oee a xitiaen 325 
Carte, series eae eae Wetec or teare Miate aici he fio ins eel nike ee 329 
Chattel mortgages lending money on............. . 824 
CHAU SUS tess tee oe ere ie Bae gies .e ieee seh ae 36 
Chiropodists a). us. .as)teee sue vgnets: (pia a alee byte Lace Tee 319 
Cigarettes—retail sellers’ i. «5 sicsewselolew «che p.9 see 319 
Cigarettes—wholesale sellers .......cccccsessecoes 319 
CITCUBES ics vps! em a feye's o uhete se dinastois ie ie ee Cee oi oo 
Civil engiIMeers: oc. os Wieser he tee see ceueie ta ce asin c ee 319 
Glalm: AP SHTS SD eis nts Weiete etete te eee Sein Ne te lec Voteia Stee ae irs 
Olairvoyvante.n: usu. oe «eat S wetdtatoas didtahia alee vite eine ee 
Cold: StOTA ZO VON bs acts «2 Cee Ware pik is take fp ee 319 
Collections—on sale of debentures.........-.+eeeee0. 323 
Collecting AeeUGyYs. +3). steia nee Kae. oa are Male dee eae ame aE 319 
CONRCEILEN Sse ea eee Sabian. ah aialk ee Meee a eae 315 
Concert: halls «22-02% .. ."hs ob skeet ae ee 315-316 
Contractor——general i... ¢ ."s<:& abel aca nevus ote sal ite cle ee 320 
Contractor—rallroad ais . io wis eeelaleleis) stade ster eyaneienene 320 
Cotton seed products—weigher of.......ceeseccaeess 327 
Credit associations ..... wip! peel elk Roary Shari ie points teen 324 
Dancing Schooiss,\44 Gs: eaten eae aid ie eagttel 6s apinde-et act eae 320 
Debentures—sale of... 's . . pece-e 7s ible oo dela ena gaia eee 320 
DONTISCS 5:5 Stirs a epee ois arene te yetaterenain eee ao a Bye a) #) one’ ieee 320 
Dentists—veterinary ..... RPM ry wr i ee PET hk Be ey one 331 
Detectived—private® 1 sis’. ete eteretels aala e bwin 0 es Okt ene ean 326 
Dirks—roetail + Seller seer tore eee le wo e's elena betes Ieee 318 
Distributor of advertising matter... .... =. «eta eee ae es: by 
DOORS FaksZalw tala tee talro te! ore Nettelvetate: circus sani bey etnn sx tela con sitet i nnn 320 
DY BYS hs renonw lao loksteteibin a wes pile tale atats Boe ehecaire atte een . 3829 
He gs-—sellers Of i.:s4: viohela tole futetale eile see tatv jeila ive ta eee 326 
Miectriesl: Ex biDi bey +... 0.sele) «Hales fei) o lanets baud Ste oo ene See 316 
Elevators—grain ........ eae ooo otal a pe) ota eee Ook 
Employment agencies ....:./..+'. «sss AA re reset Pere ui ¥: 323 
Hn gineens-—C1V ib es. iars ahs le lates ve totale Sate ote es ae ean 319 
Hntertainnirents ss). eeee te ace ate lauetect die ahi ta te PP FS 
Exhibit—ball throwing vos. cere se 0° <cerere, © 8) eanauetagrs saa ere 321 
Exhibit—knife throwing. 7 cs «0 co's o's sss an mis uel sue 321 
Exhibit of trained animals ..% 00.6 60:5 ys ccc uss © <pheldea nian 
Bxhibition—general . 2 cic So's 6 s)0e 8) 3 eae ceiste se 1a) ant eee 316 
Exhibition: of) painting i. 2... cis siete 0 sles 0) >beuh payee teen 316 
Exhibition. of statuary 566 0 6 0scc'. os) eves lenly nese ane 316 
Exhibition’ of w.Orkea.or are ss: i steve nts shecsaereneennte Te ig 
Hxpert. accountant -. <-.. .icleveve:s oats eles ce ns waves copes eee »« 3816 


INDEX 935 


Licenses—(Continued). PAGE 
SEE TRAV VR LOLS) bi ivse iafo ve « 1o0 nye. veje pore Fare dpe Ble oo 321. 
ERPS CICS. ec yc ny saa del dye hereto vate is.0) Ma 20 Gal) Miatk DG aleve 321 
Financial agents ....... Aras oe es ee ee eee 326 
EER EAR OPE AID Ul B25. Wich yeaauiehe in (ia bo jo dv ve veins lolve ws te well’ ¥s, 0 to ok 
See SULA TILATY “in oe avin we lo ve 10100 Kr i ee ee Ie ee a ee ed 
MUL Lar, A a) hace “lean heen <¥e te ps Tle ETE GER GOLD Te SV bl wos 321 
Fruit—sellers of ....... Se 3 -rt ear ar a) 2 Ce rae 326 
NeQOry——SnOOTINR <cclcc st she cess gee LT eRe he oa tem 328 
Peis —SOLICI SOL is 5 Si chee 's dc cee CV 8 28 rat Yee 326 
eRe Ce eo al'e as ie Ay Og ASE RE I a a EE ee a eee Sok 
EINES NCIO TT: aS GF -5 bees eG a eke eV ee wlereeei ke ee EE Bk eres 321 
Ma Ns Med eS yuo? i'n hale: oli veo Ghd Aaa ® bySUa Rew wR GON @ ial e's 329 
RIMBEE TERRES oe serge ha. 9's aso dud alata teke ee itows bi O 6 e BEI RIE wns ole 
Ter car Ve reks d-cba VIS Biéas ipl ee-a olla s eye ae $23 
UML SS las reer, Pode pe uP ak a ao ok ao olue) uskiereictan Me oN LE IS «6s 320 
RET MSIE LOT 020 atone on, es. Woale ls > ge POR TEE ATE AP ECR oe eee 322 
EP TE YY OOM DATION 00s. she'd ss bre als 0 ov 01s 0,0 eee A as Pv 
RE LEAS IOC nl aie va a eve Gis) oto ayo 4.'5, (6 6) be 0p 8t. 9 @ 006. 329 
UE Een OTREL TUT EUR ERT Sig i, ete) gees a. boc) sven a « e's'J0 I'm eliec esa 322 
ERO REC ge go wc snide re ge’ e. sce Lelie « widh ws ol. dee ioe 322 
TIAN PEPE G OY et aa os aye t.6 s.0'0 6 6 wre th els vleceleeve's 309-322 
MERE nes CITE) BVA TA ie oy eens) Seine va dls. ow a: © elevele piabetee 322 
Pere rongetnl=—*TUrenasers Of... 5 ewe hse soe soe ee auc 
rr GIP A TOULOD: 4 ix tts bs 6 id viv elo dg See ewe eve es 319 
Pe SEE Oar Ae er ree ant a ras seen Pe re aoe 
MUCIREPAEULPOW IIe GMELDITS 5, ice fe elec e200 0,4 61nd e's 0s Shalt Soe koe 
eee Ree TET ETC MOILETS 9.) 5) oc" iit, 54 ace scaisl 0.0,6 We. e aleve aver bie as 318 
Ae Leg Gy Se 9 Rens Reb SF Ce Be eee ae 318-324 
rere OR ok Sot 5.3 eb 3/4 8.4 Bsns Ske eisle Boe lege es 318 
Pe Meee iy AOL tE Stay Ib Sie Re al Ge bia bb. ob ewes aces 0 eee 8 b's SLT 
OT ET a oe ee ea ee ee a ee a 316 
al Le Pe eI SS oe OE er is Bier ee tod Re 316 
SUMMPRGE MT) MESS GHA. b aie one GIR k te kM. aie e's fc eke eso wea ee 324 
UU Ma Ac MT CATO M1105) b 565584 2 Se bone one's ee 004 w ele ee eas 320 
ee OO a ets are F288 SS eens fn che hale) e scared c 336 
SCI ORT EP ip We te Oe Pe Ie Bi ie 322 
SPPMPIVRIT MECN OTe 24 hae aes are S oats ciel et ore, ee 8 ak. Kiel were 318 
REE LOTS ett ete i acd te! te ie eANS CELA BON aire oS) Bi MWe ts oh 324 
Meni packing GsStaAplshMents: ...5 ocetee Fis baw. « 326 
PRUE USAT CHT OLLIE cichines 86) Ante sa cigs died Wace ell aude «s ee 
RMN aren Te LSteg Mee PN Sma os trig oa ty ty ea bl a aca VERE ONE SUR Beh ga 315 
ME RETAIL OGL Bia eck, 6-4 aa. 6 eee x oe a BRASH s MQ RU os 318 
SMMMELIL ATS ISSA ICOTMICT) Walecc f. 6 Mons loc. s bogs oma liac s Mae a 331 
MASTOID OE Tat Ry eta th check Bie e aie elk aig ol Rear ana das FBR pe e's S20 
ELECT GOT UICO en tale o Gia ses a ereeatera ls BR MA Ws 324 
RET UOMO ete sta sig oP oh, lela! s novels ole 6 98 Eee RM Meee AOEBA © s 324 
Be VOTOGHS COTS 6 ritchie oc a hte eR bla: 0a WE we ws 324 
RMP LEDER. aS NR Cece eo akg: ole CW RAMA TN ose 324 
Mortgages, chattel—lending money on.............. 324 
Vp fol: Fi ee ae Ee Gt tare oe ar 316 
MEDS ek A tie Ah Bat OR Fd Sao bx Re Se + Win whe es 325 


936 INDEX 


Licenses—(Continued). PAGE 
Osteopaths ..... te he es Coe eaecnee PCT eee Ms 
Pawn: brokers>, <c. 24 «see en eS oe wee Sh ctatia tall iat cs enn 
Pay stations—telephone ...... So bec ble wc ecules Ne ee genni 
Peddlers, 224 eee ea ES eh SNS. uate sede oie eOae 
Pension avenieys bie s te ee CW ww oeiate Cheratelen ete <meta nen 325 
PHOtvopgraphers®: «sas ne k wintery ciate etree vith ates sis oh eae 
Phyaicianss. ¢. ft VA ry PR Peta se Sic et eksborsty a at tered ° a6 is. ee 
Pistols? 78a nielwe ee oth ahethe te Shb eee, othe te stat. Reena 326 
PIGVINS CATS eet oe wee clo renetehsee set a eta ce anatiee BPN AR 6 325 
Policemen=——private: Veo sis 5 Sols ie + chaeeta we eparaes eee 326 
POO] sTOGMGIS oxec tae eis cists ele eeerree Aree wae: Sols SLT 
Pork MOuUses Colca oe stele aie oo. (eae 0 ose one wile tare tenIenne 326 
Private detectives =. cic: sso sis boar isial cae ete) ae ene Saw 3t yn eee 
Private policemen jogs. ss sie .e succes «eas ereie els o)4 ace 326 
Promiolers Ueto ea screisks e.sieneae ce ais wl | oats Pete Py Ae 
Pubhe:saccOuUntang &. ccs. crene eters Ramer era OLR sah 315 
Pwhlie ‘auditors As Ae Spiess e ole earete ss coke alae te eee arene 315 
Public..-ball TOOMS O05." cote 0 8s vay ie teas Dee fa te neck es een 316 
Public balls 4... sists sia ko utube ce ehaar ik be eae ee 315 
Publi¢: dance houses |. ss. 0 ks we ee eis Riis ee see 316 
Public: dances sii. icles ene oie cote take ter ee nee base ta ee old 
Public weighers of cotton seed PYOCUCIS s/s ee eee 327 
Rags—purchasers: of — 2 sisie si aceieis ee heuer a2e 
Rallfoad. contractors v7... ees oh ise. wh ta ey ieee ee 320 
Real estate agents. ho 2. Sin ee cee ele ie ar eta cae er 327 
Refrigerator plants... si. *s:e.u%is)s pe ees ee at ee eee 319 
Rendering houses ........e. ea or oe 328 
Restaurants Te. s.% é..cls.ee ie eens te ee 320-321 
Rinks——skating 2-0 6. OPA eaten tale tet en ee 328 
Salaries—lending money-on*........... see 324 
Sale af4ron’ 7b on. eee ee eee "sid ubebet «inte teneee 326 
Sale (of. sn Kate. <scteeere eee 0 el eth ecp¥e sete cent eRe Ee oe 
Dale OL TASS =o 5. + oe eke ee ee ict ey Se 323 
Salesmen—merchandise. .. 3:2... sinless fl eee 3a2 
paw. mills—floating 7. So ee cecess uune ecw tebe upon ena 321 
Scalpers—ticket os. vieiste cei wuss ates tet, ee a ae 
PCA VOMPOTA hss a iette si tits eels cle te feletntk hatacaers 0.» vaseline 328 
Schools—dancing ....... Se eee ek we, NS 320 
Scientific: exhibits .%-.°.2. << cirid.cee econo mule valeiy koae ee 316 
Second-hand: dealers °: 4". <5... shy 4 cn olen eee ee 328 
mecurity, Drokers<, ns . oe aeiecehoete oe cele aiabos ofteSa ee ceeene 318 
Sewing: machine agents ». So si0 iene cele ene ee 
Shooting galleries. ..... clea Sloe Son ares ajerece NEenet 328 
Skating rinks £.5)c. ote Tee Se Puree 328 
SUN SHOTS? 6. to ene ts Beate heeled soe teh eeene AME ite: - 318 
SUOCK “DrOK OTS =o .0c wise lel scien igivi eLetters ote bomen Coa te 
Stock Yards? 1, .\s.si elects nec ciate shere etetete Were een 326 
Storage—cold ...... wate inte! el eal scecevone siete a tients tench tna 319 
SLOTa LS ThOURES o.— oe hse ahah aie oc ate betes ee a enh ee peace aaa 326 
Street sprinkling ...... etoile e  aleter ove tel siciete le nits et enenee oie nak aoe 
Submarine exhibits —.034..5.0.. eet os 316 
Surgeons # cl aa ee ee 0 eine" é ie: oie rele tne tete ah ee ae Relea 3Ze 
SULVeyOTS! .).5,m eee 6: Vitis meet, een te eshte ry ear’ - 328 
Swimming pools... nse oe¥ela le’ ie in eet e o's 06 = 0 lea meee nee 
Tanking houses#ecce eons Bee Pp ote. bt! a Woe tele ae 


Taverns; 7.0% Se aa ro Chee pr 5 ae baa k ela er eeenene « ae 


INDEX 937 
Licenses— (Continued). PAGE 
SRR SILEt Thee ee SUL LRCHIL SS ue o fotias a! Gin! + 6.6" chalanei's Ble aye mide aw 2 329 
NR gE on ha Pelale so valcre elu: ‘cn of Sece'e ee Ate kc coacalt 316 
NPP CM MISTING OES ©. fab cocky a Bw dies Sa ok wie dei elie iwrerena telsiavs 319 
EA ION TV LIOTIS w, aia ia eri < aad Siw arenes, s aie diene ols oui 316 
TPE IE LS) OTe S 6 eA. SC etek g ov ccal st wk leornwac etn: é kuchie 319 
EME AURA ESL Sy ured oS odin, auch ove T ane asia Shake of ti wens ne ee ers ae otte 319 
ITS TIOCT CO PES rts has chapnhe doeitere 40s ak Sack, ode eee Bans ¢ 329 
MPO MISA VeCOIN PANICS oo clele ue AoW seek pievate s lcacem Jas at 329 
TREES EMEC Tne ae leh as a citar eV itia’ alate olel whe aue or Ok ovetix anes 329 
Seren ey ST) Ti DUSI NCES fcc tne <)o ou ker me eel Oo dre Rae des 329 
MTOM OCS PLIVUTIT LS Bi. Seige e a a ole lec ok ck Ee alee e Se STaal Ghia eh worn aes 316 
eee HOLOT EL Ol. wach ots wie vis vateiare ne ow eaten we kee 326 
OP EIN at ot ak eh ee oot ce, Sat ol gn ghia ace iw inie. are 329 
Pree eeetl, GLOCELICIEN @..c sca vim 'oss Ac 6. babe oiscelecemcntask seine’ s S30 
ener aE Mer YS CO Tere deci eiera oie sux. sien are. leks, oleh avec 6 eoeiehele < 331 
Wapes—lending MONCyY ON ss oc. ccc tt te wees 324 
0 Td ES Oi coy ot cys I Me Oy rl 0 eR ae Pe Oe a Bey 329 
met INEN CR ee Pe ee rN 5 A's! Cyl te elle ad ore cag cere e.ah a ecm 326 
We IPGTHGE COLLOM SEER PTOGUCTS ... ces stn steel snce ne 327 
MOAN Ye EME NWSE gee a aa £5, ho a cleleve cxcceelet eo 6 0! ule gite b's 3D 
Licenses—agents of non-resident proprietors responsible for.. 332 
Merete ev 1CeNnee OF Lianiity.. cs cic bk a ek ee ee hk tt ee wale goa 
een meee Ted (PCAN Lee ere hue apd, 65, F oid, bo 7k 6 ote ate o.e 6s a's stele « Svere, 332 
Licenses—penalty for not obtaining... se. ee ee San 
Licenses—regulated by amount of sales made............. vos 
Pee teee =O) DO DAL. IN Ad VADCE . fea, eh ec eee 332 
nes ATO PT Ch Lee Bafa e ey, acc acs ye eens aha 6 ov ee ane ree ee eee goo 
miomor cealers——pond required Of... 000s cee cee wns cews 74 
TE MOTLEY be ae aa 10h Pai yaks poalaie eels © soe! ocerete sola e « Wialel d's 33 
iavemetok=—iriving through streets): . 66... oe os 6 oe See one 33 
Dive ecvock——driving on. HDast. Broadway... ......cccesscuces 33 
Live Stock Inspector—duties and salary............-e.e.00.- 267 
PERM SeeTOUSCS—SATICALION®: 25 piie. cs bb ee cee et ee wees ew twee 465 
ree SILS. VY SLOT + 206,509 apt taghia. 6 60908 8 a dy 48 Dele bs wees a0 
Louisville Bridge Company—franchise granted to........... 454 
Louisville Fire & Accident Dispatch—regulating speed of.... 589 
Louisville Industrial School of Reform—regulating manner 
EMRE CITOTS Cp CO re ters ered eee gcale ne otal YBa at neat tis bond a's 568 
Louisviile Lighting Company—railroad franchise granted to.. 434 
Louisville & Nashville Railroad Company—franchise granted 
SEN Ae st, ceet ee vig whet ie eRe etOORO ale do ar he 441, 449, 456 
Louisville School Board—regulating manner of payment to... 568 
Mariptrates—-to report marriages 2. wn i ee ce we wer wesc 343 
Manufacturing establishments—sanitation ............... 465 
exempt from taxation for five years ..° ws... ee es 544 
Bee estabushine public 2.0. US esc ee hc cle we bees 340, 341 
Marriages—report to Health Officer ..............c22.28. 342 
Maximum cost of work fixed in ordinance ..._............. 229 
Mayor—Assistant Secretary for ......0.ccccccsccccuvecs 342 
SRPMS ED aS hed Go Shoe Piss d, n D ddd kok ete le 216 
NEMEC OME SSG rg 8c, 4%, ea he oe a Mata Chale he ate ait 7 
PERO PTICLIINS PEAIG LOLS 4c... cit, fia oat Be ee ocee COR as 264 
transporvcation through streets ... 0 ...sc.e ccc vucsade 265 


938 INDEX 





PAGE 

Milk—regulating sale of ....... Oe ASS ae. a ee 344-359 
Monuments—protection Of .\0.c.. ies sve) s s. Gir os oe ieee en ee 359 
Morgue—regulation of ........-- 00. <a oo 00 (bit ela al ieeeae 359 
Newspapers—to do public printing .......6..55..52 5 ewes 16 
Nnisances—concerning abatement of .............e000s 360; 40. 
Numbering “MOUSE 6 oie os ai one te. awe ce sac tee ce ty Ret tee ocala ites ces 361 
INUTSeS-—SCHO01 MOT oo sa ers a. 0 eres se: Bleue fume a) aye lorie 5 ee cn 466 
Oath. Of - public. -OMCSES © eves vis’ cus’! ctuigw Welw ste lsh ets 5 Cut te Rtne mean 366 
Office hours—regulating ............ ork ln es Gee 224, 369 
Officers—bond and: o8th «os 5 isle oe ow aha W eines ole 5 nie aire 366 
TIBET Sy oc Shiva sNae Sis oe tackle cote s Read se 0 606-623 
BAlAvION «fiNGd wise. Ev eis weet pene te bore teas he hed ane ad tee 462 

taxes due to be deducted from salary ........«ss- 540 

Ohio River—prohtbiting obstruction of .......«..s «255 meee 369 


Ohio Valley Improvement Association—appropriation for ... 525 
Ohio Valley Telephone Company, The—franchise repealed ... 558 


Ordinanices—printinge Of. sis ceiene os ne ues 0 a ore SiR teen eee 396 
Park Commissioners—control over shade trees ............ 471 

regulating mannér. of Payment Ole. 2.4... 5 vee tena 568 
Park: Police—authorizing establishment Of ..........00 ee 370 
Patrol wagons—to. be enclosed . 4 iskicd bean bs Oise eee CL 
Paupers—disposition, Of %.°... << cc als eialeaes 6 lo) sien ol eos en ee 370 
Peddlers—to wear badges . 2... Soci cere ele ose Sibi © ok 


Pennsylvania Railroad Company—franchise granted to .... 443 
Pennsylvania Terminal Railroad—franchise granted to, 431, 435, 446 


Petroleam—regulating storage Of Aci wwted siscs bone cues a 372 
Physicians—quailifications of 2...... 235% ssa eae xia 
required to report all diseases+..<.4..0..5 4.5.2 eee 231 
Plumbing Department—regulation of ...........e.cce0-; 374-380 
Police Court—regulating service of process and prescribing 
duties of OfffGOrs (sic ti. dele Fea Caters bie 381 
Police Department—government of ..........0eccce008 260-386 
leave of absence: su). eo eset ee sae ee 390 
Police ——pa rk tno. oaks pisces RA e wed lols eblosbe le he ot Gee ante ee ae 370 
prohibited from doing private watching ............ 380 
Pool rooms—penalty for operating .......cccccccccceers 391 
Portland Cemetery tases 2caheejgha 08s. oad of ee. oles ke 210 
Posting bills—prohibited on telegraph poles .............. 394 
Posting hand. bills—prohibited-:: iis 4 @jjss0s4e 9.0 6 ee 394 
Powder magazines—regulation of .........ceseseveceegs BOa7% 
Presidents of Board of Aldermen—list of ................. 8 
Presidents of ‘Board of Councilmen—tlist of ........ciccuee 9 
Printed matter—concerning secret diseases .............. 395 
Printing—newspapers to be elected ...........cccccecceee i be 
Printing ordinances——concerning) <i... 664 i dele cs one 396 
Prisoners—wages allowed in Work House ..............-.- 605 
Private drains—rétulations of 2.0% .Adw 4 oui oie eee 397 
to be connected with public sewers ..........e.ccee08 - 898 
Private “policemen coi mars Abstese ie sun es Baal bres ae ‘. See 886 
Privy -vaults——concerning 2. 00. sete aan bem ae 398, 399 
regulation” of i ns2. Meee ae eG aie he 469 
Public bridges—penalty for defacing ...........ec+cs.eenu5 399 


Public -buildings——sanitation. ss.i62:..i. dn. atee eee eee 465 


INDEX 939 


PAGE 
Pree nee—pronibiting USe Of soos. sce heed elee ees Clowes 568 
Public houses—to prevent overcrowding ........ececceeee «S69 
Public library—purpose to establish .........cccveeseves 300 
Lg ee ESI SIA SU DR Ace mia a OE a 340, 341 
Perera eea—ClOSIN OL 6 cic. cle cw 5 8 es o's o we ols tiee 8 eeve 224 
Public printing—to have union label .............c cee 579 


Public service corporations—books of may be examined .... 400 
Public ways—specifications for construction and reconstruct- 


Se Yess DV ELAREL Yo c- SES, pian ab aS os fete ererate Woda sees 401-415 

Peemieune USE OT oe 8s Peony BE ee PAs bth Sw be eae 416-420 
NEEM P USL TTT ac eC ats ater acne) atele eet eieie anak a areal odie’ ete 561 
MRIURIRET AT OST Soe UGC Gt ATES gh she haiedl chute ches e Sialai ale ater eid aval ed Gare e 420 
MEME WATS SPS erty g4e7 Oh lie a Oe wate whee ore iat vig Suhre. 423, 424 

to prevent earth from washing RITE ecb es ohef avwket eta! ate asx 426 

to prevent injuries to persons and property .......... 421 
owners to be notified before reconstructing sidewalks... 422 
roreetione Of ASH Pale: wee ee ee elateles years 422 

ie prevent “opstruction: Of 2. ee Se odes 425 

Piece. wharves—appropriation for o. 6 e. See eee ee wes 526. 
Quarries—in Kentucky—stone from to be used ............ 478 
Railroad crossings—gongs required ..........-2cc eevee 457 
Railroad whistles—regulating blowing of ..............-.. 602 
Railroads—concerning operation Of ... i. ccc ccc eee eee eens 458 
EP Dee Ge ors Gae 06 Te cue fe hc Se nba a I Sr 429-457 

Real estate—prohibiting trespassing ......0.....ccccceee 459 
EUS i 0 NR 9 60, 62, 64, 67, 69 
Registration—additional day provided for4............00. 459 
Registration certificates—penalty for selling or purchasing.. 460 
Ppoememnren OF TeleDnONe Tate oils err ce le we wee 556 
Meeeouon Of Tespect .. 6 slew eee reid rarate eo hte, dcdtore eae 15 
SR GL OAOSAIMIONT. |. 00.70 nica cic 6 a dle te ete wacets hl ewe ews 539 
Rights of way of ambulances—allowed ................ 460 
Salaries—fixing salaries of officers of city ............... 462 
Saloons—regulating sale and hours of closing ............ . 464 
Sanitation—regulation of tenement houses, ete. .......... 465 
ena TPAINNC(: “NUTSOS 9... 0. es eo wale e Ge sore e's e'e cece eee 466 
TMI EY oe 5h oa cw ha ad oe es eae here widths ate eves 466 
Second hand clothing—penalty fod failure to disinfect .... 467 
Second hand dealers—bond to be given ............000- 467 
Leet Tet BOT G5 OL Prirgs sis eee ye a ate ekes cee eepl ate afore ate bie cere 46/9 
Sewerage Commission—monuments erected by ............ i 
pewere——prohibiting obstruction of ) 0... ee ee wt ew tee 470 
Semrroes—cOndemNnation. Of 2... ... 0. cee ewes eeeeus 471. 
Sidewalk—owners to be notified ‘before reconstruction ...... 422 
Te LEY RUM YL CCR FL Wen Re ee cat ak) WS eel x ett ere ahs els 423-424 
MC OVOIRG ODBLLILCUIOI (OL. sis te.e ss 6 ois ce wre tuete's 04.0 425 

MCAT IEMA Foe tects SES Fe Vat of ccet cl PsTC Ce el se neice ohne eiase ace a ye 420 
EOI. LTO WANS eOITE (OD Wendy gue wb ge seat tates 302 
Meme PTDINS “COUG Se oc ce cic sce es heh bee wees 80-205 
Sinking Fund—regulating manner of payment to .......... 568 
UME LCL OR UILLCY OMEN Ver Aan ccs tat ciei eh click © etait. ecocolnr ee 315 
ERECTED) Or, 1 te eM eg). gle ce delare Wee «cla b'n Slike shovels 472 


Southern Railway Company—franchise BTAULCH LO. sicis cates 444 


940 INDEX 


PAGE 
Spittine—penalty “Wor 2 ce swe aces be tee Sete he aca ee 423 
Stagnant water—removal of from vacant lots ......... CS hea 
Standard “time—established “o.us aaw < she. eves ataceuels [asietemaQenenrnene ATT 
Steamboat whistles—regulating blowing of ............02. 603 
Steam railways—obstructing street .........s.++ «0 ois sess 420 
Stock—forbidden to run at. large’ so. . se ale «coe ee ATT 
Stone from Kentucky quarries—to be used ..........e0. a) 
Street cars—to be heated ...... o ape de ver us Wes er cae eae an 479 
prohibitine’ jumping on and: Off: (. v.41... src alse che eee 479 
Street cleaning—appropriation for ......... oe eld wel) eb 527 
Street railways—regulating speed ....cecccccucervsccunue 480 
Tax bills—ad valorem to be credited by amount of license 
DEI ISN a sleksl bots hs ccl ta ekev abate ne eens vale istercnsne 539 
cancellation sofia eis se ees eg, eee eee 541, 542, 543 
delinquent. to bes published: + .f.ic.55 isis a cleus oe wie 554 
Tax Lévy Ordinances 2h. ie ee a ote ott eee eee ae 545-554 
Tax Receiver—employes allowed .......cccccvccceccccecs 555 
Tax Receiver—premium on bond paid by city ........... 73 
Taxes—appropriation of the tax levy .......:c.cescscrcue™ 480-524 
collection of from creditors of city ......... ee Pe 540 
credit--upon ‘erroneous tax’ bills 7.2... .2. 1a 538 
manufacturing establishments exempt for five years.. 544 
Telegraph poles—prohibition as to posting bills .......... 394 
Telephone* franchise repealed’ «<.. ew ss ss .:. stu cats soe se 558 
Telephone’ rates—regulation “of © 5.4... 02.5.6 sen eeee 556 
Tenement House:-Commission- si) siesta ee eee 559, 560 
Tenement houses—appropriation for ........ccecccccccee 528 
Tenement .houses—sanitation <a «ives se el ee ee 465 
Theaters—to prevent overcrowding ..........c2.ccseeece 560 
The Ohio Valley Telephone Company—franchise repealed... 558 
Time—standard—established =... ../.:. 3... «% «cin ep eneeeeen 477 
Trafic<regulations 2 Ok ee es ne 561 
Trained. Nurses yo. sy ete ate oe -ehelebe Sate eee teas cee 466 
Transfer of articles from one department to another ...... 566 
Treasurer—duties ol f4-.scisd 8 tczoee eae cic 567 
clerk for 3s. ese atie oes Sin nos Oe: es 569 
premium “on” pond epaidy by ucity os. Ja eee te 
prohibiting’ use “of funde <i. 0.5.3. es as vk ee 568 
regulating manner of payments to School Board and 
other boards) ely en). Peel ee ee 568 
Trespass on real estate—prohibited .......<.. «sessed 459 
Trespass on vacant lots—prohibited «...........<.....0n 569 
Underground’ wires——concerning.:............«.ssee b-10% 
Union label—prescribing use of .......c.ccccccceccccce. 579 
University of Louisville—appropriation for .............. - 524 
Unwholesomé' £00 02/20 ee ee ee ee we 265 
Vacant lots—removal of stagnant water ..........cceecc. 476 
Trespass FON Sots cet hee Re ene ee re a 569 


INDEX 941 


PAGE 
Vehicles—injuring persons—owner to render assistance.... 421 
See RU ei ePOPUIALION OL, “so. sc 6 6 ane 0 s.c0\ 6 o ¥ictenre'a aie 586 
Reet entities) OL GTIVOLS 6. i. Oeics wel se uleres to's 581 
COS us hie Rie gg Ces ) en a a eee a A Pie ae 587 
Pee I RPMI EOL). s/c-sre se s:cle vies oe oe © ele.s Salata. ww teks 580 
(SPECS ORES Eg 5021s Ga acute (Ane ae es ne a are She lae 588 
regulating speed of Water Company’s ............ 588 
regulating speed of Louisville Fire & Accident Dis- 
TMM NE dn 5 fa ark a) co, 81k Ree 8 Mo De eee lel aie ie a chive 589 
MERE RO CATICS LOTS, solos nVuicatem cls he bee <i sale 6 sie ae aie's 301 
regulating use of ....... eta t ae Gia h «ake dete techs Se AEG 
rIromnat 6 ASSOCIATION. 2.6. ssc cee ace ee ee eev ewes 249 
eMC Ties —( STDIN: 5.24. 5 c+ 0 sss ee wes 0's bs eels ve eleeas 590 
Pree INCIG OL. eos es es ccls so 6 wn ws eo oleae stp aa 309 
Water attachments—construction of ...........cccccscces 601 
Water Company bonds—exempt from taxation ........... 73 
Water Company vehicles—regulating speed of ........... 588 
Water mains—regulating the connections .............e.. 595 
Seecaeiit sioewalks—penalty LOT 2. cw c cece svec cess eetive 420 
nnn NaS ES OTN O VEE GOL asce's S.'0)a see oe ceheo a alse a eels 595 
Weigher of cotton products (see licenses) ...... A Bae 315-333 
Weights and measures—inspector of ........ccccccccosecs 596 
eMC MME NV LGC UL LEG Mle or, Gl eta e a4) ovale eleie.'e ale a eucle 600 
ES ES aa Ried i a ea a 601 
Wells and Pumps Department (see Board of Public Works).. 52 
Wharves—concerning the receipts ........ccsvcccvcccees 601 
Nwtetece=—rerulating DIOWINE .Of) 2... cece cee wc cee ve ele 602 
steamboat—tregulating blowing of ................ 603 


Witnesses—resuiring attendance before General Council .... 603 
Work House—fixing wages of prisoners ................ 605 





INDEX TO ACT FOR GOVERNMENT OF CITIES OF THE 
FIRST CLASS. 


General Provisions. 
Boundaries. 
Legislative Be paces its 
Officers. 

Executive Boards—Public Works and Safety. 
Public Ways. 

Parks. 

Public Wharves. 

Police Department, 

10. Fire Department. 

11. Education. 

12. Revenue and Taxation. 
18. Sinking Fund. 

14. Licenses. 


WOM-19M Clr CODH 


1. GENERAL PROVISIONS. 


SEC. 
Pema CAty——LIMItation, *:'.. 5. se ek ee ee te 8s 2752-2882 
Beet, Pe selected aS GeposilorTry of... ete ce ce ewe 2903 
EE CY LITMAN OCR he TASC shh gdh St. oe hance Bin ies Greist sels. 6,60. c6 ¢ 2903 
a PEE OES gl yay eal ele lat pe are Alain sh aaa OAL ba R aa ae Aa ae 2903 
EC ce. Cotte creat hie 3 vais ac oe ese pie e: oieie, o Sok ek 2059 
RT ROLE TLR, Per le Che fe ee ealei'e n lerevere eee «levee © 2060 
eRe sean Calter LT Atl 5p ltek ote oc hte erat, oo cee halavea ete os 0 te 2008 
Bonds—issual of (see Constitution). 
Bonds—issual of (see Sinking Fund). 
liability under to be fixed (See Ky. Stats., Sec. 186d). 
(see Surveyor Commission). 
TE TET MYT COMN CLINI 006 ales ce ne cee eo cess be cts 2757 
Charters in force at adoption of Constitution (see Constitu- 
tion). 
Charitable institutions—taxes levied for ...............20.% 2981 
er PAY bans. “DOA Of... ects c ls hicldca'elelsidiee's sic ale eae 2008 
RESTO VT PPE TIPO VOU ts co” elvcs e's, ot oka! a sidistcl ene, elolae stale « 2012 
EES EEN PULLIN fo. eRe aa ®t al oe cite ben ese eee wibacavet ore cies 2013 
Circuit judges—salary supplemented ....... Sane Uutnte wth et crane 2750 
Prey Gch ArOlse—escape -fFOM o.oo cee ee elec eee ees 2749 
Commonwealth’s Attorney—salary supplemented ........... 2750 
Contracts unauthorized void (see Constitution). 
erecta ——power’ (O° MAKe- 6.50. cee sees eveoweseee 2742 
Contracts—money due under to be offset against taxes due.. 2753 
Contracts—cannot contract beyond appropriation .......... 2820 
EEE TERS PR Ls. gg) oy akg cues ocelot te lore ure ve’s. 6o.e) 0cb'e @ Ale e 2742-2783 
Departments of Government .......ccccccvvces ster a rine suse » 2t43 
Departments—neither shall encroach ODLOLNSR vo weirs ova sts 2743 


Departments—may be examined ...... a Dice wi ok Oa whee a re aterers 2797 


944 INDEX TO ACT FOR GOVERNMENT OF 


Deficit taxes Lace weer. eke ae eh Meee WHEE ete te Nec can cee 2981 
Different “departments” jos. woe aquibis « Grea ccie.« seen eee eee ee ee 2743 
Election—constitutional provision (see Constitution). 

Pligibility topo Mlcess <0 ae ene tees wollen! oye %aepays eee tems ce cee 2746 
must: take-oath a¢-¢o elizibility....0 cnn ee oe be eee 2145 
constitutional provision (see Constitution). 

Embezzlement: by officer—penalty— .. .. ...5 «supose sade eee 2747 

Eyidente—pu blicirecords 22.15. ke sas Born tess deren 2775, 2874, 2896a-4 
to; justify UeensGics;c sos: Sse, otal st eo ace's ond ts tc gee eee ee 3019 
Pax “DIS ae aye te ceatees, OS syeuaieieee ace Shp ress cre| ans Ceara ee 2996 

Excavation. near building—provision for ............ceee- 3037-a 

Executive department (see Officers). . 

False entries by officer——peéenalty —.3 s.. .scie 0+ te snes ss sheets oie ee 2747 

Tees*to be acocunted fore i6- Gs, as 3% oof oe eee 2812 

Fiscal year—when to begin and end .........ccceeeccccese 2754 

Franchises—granting—limit of power (see Constitution). ; 

Franchises——assessment “of 5. bc 'c.4 .hotets lone Stan 2984a 
SATO OL yee aca tne eats Lo lebemetane we eile tee Uhst un Ore en 3037d 
renewal of where public necessity ............... 3037d 
when -city may * DUTCH ASE is doo eee ee eee 38037d-2 
value, “how ok ed = 25 os eee enc eine teas eich ca ee ee 3037d-3 
quality of service and rate charged ..........-..<«. 2037-4 
exclusive. not to ibe. granted” oe ee ee o037d-5 

Gas Company stock—power to sell ..........cccceccceces 2783a 
proceéds\ OF salads Wier. fscate <Guete! oalels ta. se ee a eee 2783a-2 
application,.of proceeds 4.4% .nere.6 4 eo oo eee 2783a-2 

Gas Company—General Council may authorize amendment 

LO“ CRALLOT ete aie tue abe lad ateta tote te omer en een eee 2783a-3 

Gas;stock—-may selh 094% sic elses s Biste ats 0) puehe dense Rae ee 2783a-3 

General purnpose—Taxes "FOT? ce csiw oc spose a els leeks yeas aus ehe oeeteaeeeee 2981 

Health Department—under Board of Safety ........... 2861-2810 

Hospital (see Tuberculosis Hospital). 
under aboard Of Satety: wien. cs witeye aiciee. eee Se 2861-2810 

House. .of Reform—escape from. 25/5 245... oo ws uel ete ee 2749 
taxes, levied “for is bese bi pastorate Pt a ead tei de 2981 

Impeachment—by Board of Aldermen ................... 2781 
ANAL | FPOM vee; 5 ahs arate ac caeevs a Msc hewalar ee aes eee 2781 

INCOTPOPAation, Pep 82 oo we ale tek orate tals oa Ce ro 2742 

Indebtedness*of: city “and county). 20. oe 2 es ee eee 2744 - 
limit of allowed—(see Constitution). 
when to be paid (see Constitution). 

Inquest—stenographer’s report (See Ky. Stat., See. 537). : 

Inspection aa wer, o/eryo5 aes eae be. aa be bce ie oaks eae 2201 

Interest —depositors tO “DA Yu x. Ai ote els os ser ait en ee 2903 
(see Revenue and Taxation). 

Jail—chaplain "Pores doe Gin ere wks ee thee ale ee ee cree 2877b 
MATTOON LOL a s.5 tae leat ee us abe oe anita nes o saa ote eee 2877a 

Judicial Department: oy -Sirces oe tese eye shove hal eerah Lasley ee 2743 


(see Officers). 
Juvenile Court—tax to sustain (See Ky. Stats., Sec 331e-21). 


CITIES OF THE FIRST CLASS. 945 


SEC. 
Legislative—executive and judicial departments ........... 2743 
eRe MILD IC DTOVISION. LOL ss « alls os c.e%siee wrsyece eens 2801a, 2981 
TL SSO ee eg yal has) a vile tele, oan (Oke ian smote eee 2801la 
RAM RERNE PCC ETRY tre eC hs ered e cine geass anh 6 te) ace 9 2801a 
TNR EAMETS LES POT Ca gn dah sso. Un: aha as adobe 4.956 lie ae a8 2801a 
MBI CEE ME CO SIVA VAN Vice Pac li iessis «eben lear ccala, Chal andl x tau ae doe 0) 2801a 
Se MMESTUR SIUM IVI. VUE y's ao 5c och a dg adele whe ohele7s'a les 04.052 2801la 
Pepe Dpe. Named DY  MaAVOr cose clas cs ee ce 2801a 
Wioere money to be deposited «2... cca cccc esc ceces 2801a 
prusiees: to. report to General Council... we ee es 2801a 
CUPPING ANS CLL V OL LOU ie sce o <6 Sis0k ais ote X10 en ure een e.s 2801la 
Pees sINay aocept donations... c ccc wens nw ances 2801la 
MS ONCE Lae hie Sat eA. oie \ el alata aa ca lake arch Maaithn: diate aisles 2981 
Meare AE ACCION ASAINST CITY 2 oe le ee be a eee 2752-2882 
Map—Sewerage Commission to make .................6. 3037b-3 
Memeeetetiomer OF. FUNGS DY Of1CETS a)... vc cs adele be 2747 
Poemweere city lable fOr actS Of: 2s... cc alk we ee eee eee 8 
Money—withholding by officer—penalty ....... Nr ae 2747 
forfeited or withheld—no suit to recover .......... 2882 
Oath required of all officers ....... Ste actaP enue dei arte ote) Mea ste: a 2745 
(see also Constitution). 
Obligation due taxpayer—deducted from taxes ........... 2793 
ee TCE he ee oll an oe 'u. olla wiaie tb éhace, 09.000 \8 2746 
Officer—holds till successor qualifies ........0.....0c20c0% 2748 
exception—General Council ............ccccceees 2768 
mrceeen is INAV ibe: ADDOINLE © oe .sres 0 oe 6 «sie we ee 2756, 2780 
A em Dee TUT AEP iar ofc se. Gopi clk ven a6" ered’ chee ae ee be 2747 
a EG EOS YD BE EE IT Rs a vs 2745 
term—duties—compensation ............0cce0e0eee 2756 
ReMPUL MERE P CML ACCS ESTING iio ae oh, oe Coie. «cues a hbAal ouele obec as tece 2759 
MPMMET ER aIe COCA TICALTION  .ia.< occ. 0-0 sicincve eiveln wets vhs beeen 2 DL 
Ty he ei coc ugha ais 2742) 2782. 2788 
Giey Olmity Attorney Tespectin gs . .....:c's « «<0 owe oe 2751 
TERM ee ale CR hn gn 0 ane. a lacrekmicte él ar dba ocd sc ce 2775 
SeeaRN Ea MR ECL LAS Te 6 ae ek a al ot Sie. «ck woes sarah ie & veal die ane va eas 
Se ADEr Avie LOIRE Yee, ee «eee cor 8) aeide wales ck ase aan ee Adak 
favalieunless published: bienniaily.. ow. ose ce cece ees 2751 
on ORE oa Wel OTe et ae Ie a ee a le OE a ae ee 205 
Sm Pe eS SLT GAGS 1) intel el foot p taro! dir, oko. &. natok cow, acai oc ace 4611 
Pawn brokers—police supervision .........cceeeeeees 2886-2887 
Penal institution—aiding escape from ............c.ccceee 2749 
concealing or harboring person eesaped from ........ 2749 
SE PaeCANTIOVOO— DAY) Wik i ov ina Se ccke wise @ doen IMs cc ban 2060 
Prisoners—aiding to escape—penalty .......cceccceeceece 2749 
II ALO ate Fcc oy oa as aloes Lo ng oe Bnd a eRe Siw, 2775-2874 
Meererary—Drovision fOr . .< 0c ens «sole eee weldac 2801la 
Public service corporations—to make way for sewers ...... 3037d-8 


Property—may acquire and own for municipal purposes .... 2742 


Pe tn ee WOT) LO SASS vs. dey ae oa iS a dee be eet 2742 
Mimero shave Ma vores approval, {2.44 s,s oe. els 2795 
Peete OBLOLe—— OW PUTCNASEd. 22.0 he oes kaso teh cee eee bes 2823 


Roads—leading to—opening of 


9AG INDEX TO ACT FOR GOVERNMENT OF 
SEC. 

Seal—may adopt and change’ os ce re ee a Sei ee ene eee 
May ACT WITHOUE etek! evo de eee ee ee 2742 

Sewerage Commission—concerning ........ceeesessveece 3037b 
members how appointed and term... sa. eee 3037b- 
dualificationsand! salary co.cy on 6 setae aa eeeieae eee 3037b-. 
General Council to approve work’. \* .. sn. see 3037b-5 
"SOTO 0h Ber teat ore hae ae ead a Senet eee 303 7b-11-12° 
Sin kine’ Rad veer soaks ce ous eeaeele, eieie ee aes Soe 3037b-11-12-14 
land——may* *GOndemMN | fio «ots 5g ee cei teak ati eae 3037b-T7 
gtrects “405——StON Ges 'y). w-ttale.a «icheie tn iees be ss eae one ee 3037b-10 
GIsSOlLTION sani es ole eee ea ok Gan a van eee Ren tee .38037b-13-14- 

Separation: arom COUNTY yt.c. <a ure 0 ee eee eee ee Seed tight tome 2744 
city and county -Indébtedtiess ~.) 0... ei see seater eee 2744 

Sue and: Des uees yl vee F aeeew sucseo ie ete nea anes arias oa een eee nn AE 0 

Tuberculosis Hospital—Board—how constituted ..... Rot. 4 3037¢ 
Board——eleetion OR eh ee eats cn tenet 30387c-3. 
vacancies “in "Board eee w sae ns a Ghats ce cubes the ee eee cones 303 7c-4: 
tax tod "he “levied. Wor.) care) ce ea eee cane ee 303 7¢-5. 

Vaccination—ordinance relating to 27. S72 eae, ee ee eee 4611 

Va errant ie: oan ue sl eee are ae eae! ite ae elie aginst a ale ae 4767 

Water, Works—concerning «7s. s.s..e0o is wo cleats sc te eee 3024a. 

Weights and measures—penalty for using defective ........ 27550 

2. BOUNDARIES. 

Annexation or reduction—ordinance,,....... wie se Cee eee 276L 
approval from) judgments ! .!.°s'.6s sca eee ccaiease tenelece an eee 2762 
judgment certified: to ‘(Council 2. 4. V% wae ee eee 2763 
jury to try case—no change of venue ............. 2762 
publication’ of ordinance’ 4 ¥. 485 sudlen ied sine eee 2761 
remonstrance—petition in Circuit Court ........... 2762 
seventy-five per cent to remonstrate ............... 2762 
verdict—when adverse to city—no further effort for 

CWO VORTAC of olekellys e aiciedsce) oon lott eee nt cee ee 2762 

Annexing smatler city 70 iin uses vie «ooo ce yedaterere: Ole ty teks ee cere 2764. 

Existing boundaries: continued! . 48.0). oe eal ee ee 2760- 

3. LEGISLATIVE DEPARTMENT. 

Alderman. elected ‘from’ city apdarge fe.20 soenea coe eee 2767 
exempt from jury and militia service .........22..% 2776 
expel——two-thirds. majority {3.85 <ee e eeeee a2 Oe 
ImpPOACHK MSH EO wre hee eee At geen os aia cee 2781 
privilege—debate ............ pdf cA Nieeta at eon tee .. 2776 
to elect Presidentannually 34.5005 2 eae ee ~ 2770 
shall judge of eligibility and election of members etet a eee 

Annexing ‘or “reducing. terrltoryir ik oe ee ae oabe casa 6 Sgn 


Appropriation bills—disapproval of items by Mayor ........ 2796 
Clerk elected by each board ...... eA ee ee on ee ee 


ie 


CITIES OF THE FIRST CLASS. 947 


SEC. 

Gountilmen elected from city at large ............00csuee 2766 

eligibility—-members shall be judge ............... 2771 

eile th OF OS MGJONIL Gs ig ee ees WR oa ae be 2771 

exempt from: jury and militia service ..6..5.....0068 2776 

Bre ee re CLOUD Panstw ccielie? us we «,stulelrel od! Spee a ee, oldie b bie! vilel’s 2776 

qualification—must be voters and residents ......... 2766 

MMIC MARIO OAC Liem WEEE Le 5 oi) ech ole awe tn wo evacete lene eela woacee aug 2766 

Hauer, ETOSIQCHG GACH YOar oc he fs epee ie ees cwie s 2770 

TERT OAT heared oo ke! whe Rate vakies lel ake cialis AAP PAS Cac hear erg 2770 

May selecu Berescant at ATINS: 2. reel ee es 2770 

Gas Company stock— power to sell .......... ccc ee eee ees 2783a 

RP CCl let DOATOS < . ios celeb le clais cv ee ww cele cee 2765 
appropriations—not to exceed ninety-five per cent of 

PONG Mad Rohe eect ea eee he. Rete idl taste tates a7 ete 2982 

SRP CCT ee ET CCUM Serre eat a code e wrsee Wea Rocka ele ch ale eete e's atte 

adjourn—for not longer than thirty days ........... 2772 

Boura Of figalhii—te establish 2... 05... kc ccc ewe 2059 

board for park purposes—submitted to voters ....... 2854 

rere cioevou VY GaCl DOATO 5.0. ee we ca sw wees eles pt ALi 

contract—-members not to be interested in ........ 2768 

nt Pernt We AUDOT VER DY fs... eee ee chee es we 2829 

MN NR CPERME NS WER IVER CRE ee a hat ates) ob ic dn eiee tks sfele da eee ocescie 2798 

convene—when to, after election ................. 2772 

debate—not to be questioned elsewhere ........... 2776 

RRS) eR UGS yg sora) s ina arate aise) ees bie cea ws Ate ash 

tm Ove Wy ME SP TTI IO Nicky oa) s cove is' c's bas 6 09 oc .e ee le 2782 

Gas Company stock—may authorize sale ......... 2783a-3 

SURES UE NR hia ates kc cles oso) bos abe. visors’ 8 d's te 2773 


members not eligible to office by election of board .. 2779 
‘members not eligible on Board of Public Works or 


ever her ete L IDRPEN Cert OLY | coe hs ara vce ese 0 ace e's. oapie’e whe 2802 
members exempt from jury service... a we we a 2776 
reer i WIE ee LO) Oa DET... ash. ek cok. sees ee nk eve’ ates 2772 
meeting place not to be changed—exception ........ 2772 
misdemeanor—power to improve fines ............. 2782 
MPO EY TIC Oe ee te ake UN, ota es ane riche te ener aie a tae are 2768 
wR Es yh at Cas ag ee Ee eaba ced sagt osteo acdiy. Pie 2745-6 
ordinances—power to pass generally .............. 2783 
Mayor—when tie vote to elect ...............0.00. 2787 
OU Pity el Se ale De ga ge GP ar aratini Uy Seema oles Rete 2798 
STU MGR Men. eo Coty a fate NG Ose oak eA al alin err aisto seins 2782-2801a-7 
maps—assessment—to provide .............e0c0e 2986 
place and time of meeting—quorum .............. rata 
president elected by each board ........sccceeees 2779 
ee PEL Cee CO, Gems is bac ceaks cei. sh chs Mesias cori otal cs'e, «) are’ cua? ae 2776 
TUE OCRCUII EN COLD DUDLISN OG. ccici\iee aisistwlA sielviersid @ sais c Bite 
MPU ed ie sek DOLCE LeCOT US. cic ic wcare «fate isle; so «, wiehers wns 2770 
TIPOUOMICIOT COLT UISO INOUE Yr... oats <Te lees a1 Beh ies 1 dee 2778 
PD Laer tL COP On DO pe BOLCCLOG ics elas ioe a wie 6 Wie oie 00h 0 a0¥ Zits 
PAO LeU Le IPCICO CU LILES 8000) assy, des, ott wher ah o-wteia le ielldldreve 2°73 
eee ie eee eE ETL) IMP te tao si, 6 a? a whee apeye vests fs vie weve. 2801 
PLU AEE rere IV TEOOLS © TILT) IOPS iy <0 ee oaks salisuis’y anc she aks dee Runde 2768 
taxes—to be levied and not diverted .............. 2816 
ENTIRE LOY COTE TITUDOLLY cei apse, (4e.5) ois Sp perade whew foe ald 2980 


SaCT IIR TEMES PERSE oar Fane facal's WSCC ote u" gee a6 ha 08.0, 8,0. #10) soe 2772 


INDEX TO ACT FOR GOVERNMENT OF 





948 
General Council—(Continued). SEC. 
Sinking Fund Commissioners to elect ........... 3010-3 
Sinking Fund, no power to diminish resources of ...38010-8 
Sinking Fund. to*make reports 40.757. ae ee 3010-17 
term of: Off Oso S0S Pea aie oi ae 0a ee 2768: 
vacancies -in——how. filled v0 e iw vies Seta eho anes ee 2771 
vacancies in—office of Mayor to fill ........... wee tie ae 
Health—board of, established ......i.cusseacceass ree 2059: 
Legislative power vested in General Council .............. 2765 
Misdemeanor—ordinance imposing fine .......ccccscvccsssss 2782 
Officers and agents—appointed “Dy x... 3 <i sie» oe o wind ees 2756-2780 
TOMOVAL Of DY sin Fie 6 ee ocho s a. oleh Sues eee oe ea anak eee eens eae 2782 
Ordinance—amendment—only by repealing .............. PAL a 
acquittal or conviction under a bar (see Constitution). 
adopted—must be on separate days ..........2.-20.. 2777 
agents to be named as provided by ordinance ....... 2780 
Circuit Judges salary supplemented ............... 2750° 
Commonwealth’s Attorney’s salary supplemented ... 2750 
Comptroller—to: be «filed with = % suicmeie: tet eeneeeeneae 2900- 
conviction under bars another prosecution (see Con- 
stitution). 
codification -ang -pwhblication 7. 2°.m..s0 nee eee 2751 
coples. evidence: -.iscs.ie ais: sFaw ste seyesanage Gusue ees a) SheMenaearnere 2775 
custody of: Comptroller Stee fe seen pare teeg eee eee 2900° 
discussion—tree-t0.< be DAG sc, sino weet ee oe oe eee 2777 
election’.of officérsand sa cents sc 5 cue cece eee ee 2780 
imposing fine. for misdemeanor iss. 4. ne Le 2782 
improving public ways—two weeks to elapse between 
MCCtIN BS ie ase aha ca Ne tis Rees ake cone games tate iece nade eae 283 4- 
Judicial notite. ices ax. <nccie) cue tteees hkl eae ye lene tame ee 2775 
misdemeanor—imposition of fine .........csecseces 2782: 
money—to raise, where to originate—not to conflict 
with “State laws oats tak « lojorgp ie teria sites kee aan 2783 
not to’ passboth “houses same ,day-.8, +. weew vee ra bt ty é 
officers to be named as provided by ordinance ..... 2780- 
ONG SUDJOCEH ee ess bese whanearien aly pei k eae a ae ree 2776 
passagze-—reading | (2a hiass some belek de pile ee PA BF eT & 
penalty for violation—bar (see Constitution). 
power.\tO Pass. sas el ee ee ee ee wie sate heute 
presented: tow Mayors src snc 5 tierdun otate A atebere alee eee 2795 
publication (if) Io re tacete tein eor val ia etree ern ee ee 2751, 2774 
read—to .be “readin Cull Aas 5 wearers wie lene «910-09 efi, Ronde 
subject—not to embrace more than one subject to be 
CxXpressed SiN PLILIC. f:-053:8a 8 sae Oe ie be te ores 2777 
CO. sTAISe* MOTE Y: sa teleue die ee ein hoe Catan Ie ee ee 2778- 
VOLO (DY (Mayor yi oo ess diets a setae as cat cee me es ae ee 2795 
veto——May “pass -0Ver- VOLO) Ta acest emcees wha sie ene 
withholding. “by “Mayor de. eee ob eteus ee. eee Bt ee 2795 
President: elected by each hoard) « o. tes 32 icra eee eee 2770- 


Board of Aldermen to call election to fill vacancy.. 2788 
Board of Aldermen—when to act as Mayor ........ 2789 


CITIES OF THE FIRST CLASS. OA 


SEC. 

Proposition to raise money to originate in lower board ..... 2278: 
Publication of ordinance ......... ee ce sere reece nnes 2751, 2774 
ern etd EET PO VISION go LOT Uk: occ 's bree cach) eece ea tle eele ee hs 2801a. 
ICO Bae VITLETICRN |.) 6.40 v0 se le.e.d ale whe oe @euhé. sch ewes be 2145. 
Bee WEAN NTOVER DY, OTUINANGCE acc c.e + loin 0 oe diale eis oa s-% 2829: 
INI OT CES gal Se cP ks hws ow ar Sacer wesw elena ate oie ace wo #8 2761 
Pemrmeentacionm CoUunl and Uniform sec ele le ee eviews 2766 
Resolutions. to be presented to M@yor ... ci ce tc etree es 2795 
Vaccination—ordinances relating to .......c.ccccrcecceccce 4611 
RE CIOS US te ccc ot er clas 6. gli xi, Mite ig etie’ «were et ar's wie scale’ ome 2769 
Peete Ul AS LO PODULACION i No wileliac ole ret ale ieic ee sel ece 2769 

PP IMMPSA TIO ——1ICOTNSO. §. g. clalaicteced erence. a0 ep eeic eerels sid tee 8s 4784 
Mrmr oisteTis made by: Ordinance ..) 0. se ke ss es eee we 2826: 


4. OFPFICERS—GENERAL PROVISIONS. 


Aldermen—(see Legislative Department). 
Agents and Officers to be named as provided by ordinance ... 2780 


Bailiff Police Court—(see ‘Police Department). 
Board of Public Works and Safety (see Executive Boards). 


meee. DG. 1Xed | DY sOTOINENCE Te Fo le eeu sera Cheer er ele ow ce dete 2756. 
Bonds—liability to be fixed (see Ky. Stats., Sec. 186d). 

Pee OE PO LICCTA-—PCUAITV) va-dnrs.cc scl ek ceeewcceegeune 2757 
Clerk of Police Court—(see Police Department). 

Compensation prescribed by ordinance ...........cccecees 2756: 
not to be changed during term (see Constitution.) 
Contract—penalty for making beyond appropriation ........ 2821 
Bemrmmrrreecriiyed Dy OUCH oo. 60. she's ogee ols 0.0 ws lohete w wins ee 2756. 
Elective officers—when to take office ..........ccccccecces 2759 

eemueCOMUCIIMEGH: LOA Ke OM CO) a oid Sale cle ee ae we 2772 
SSE OE gE ies i My a ne RR A RC Lee ea oh ee Be a vad ea 
I UEICCHTU TRS oe rcs gh Lido 8 helo) ha ee ee at OE Oi Neltis bd wake owe 2747 
Entry—failure to make proper—penalty ..........cccececs 2742° 
Examination of departments and offices .......... cat Mat ae are” 2797 
Beeeneive and ministerial—removal -.. <1... sc ve wep cece 2781 
EEE TUCIGER TNT: TLLLCOL Sec. osc) oon hd in ota wale eae race ote al wiv co ate 2747 
Fiscal officers (see Constitution). 

Prorieonice tntil successor qualifies ......0.cccesceveccees 2748. 

UARNC ECRT ese tee ir n ARTA PEE, fate, Sage te Bie hetlot ecw es 2768-3772 


Incompatible offices (see Constitution). 
Interpreter of Police Court (see Police Department). 


Judge of Police Court (see Police Department). 


Matron for jail (see Police Department). 
Miueeoplication. of funds 2. .....2.. ec cee RUT Ss oho cute Ait YF 


Oath required OieOmorresysdldes rae AA Awe ts antes atk wale 2745. 
Ordinance to provide for election or appointment ey ENE rie ae BAL 


950 INDEX TO ACT FOR GOVERNMENT OF 





SEC. 
Penalty for attempting to bind city beyond appropriation ... 2821 
Prosecuting Attorney of Police Court (see Police Department). 


Removal of executive and ministerial officers ............ Stet 
KRémoval: of employes of. boards rise cee eae eo eee eee 2810 
Réemoval of officials appointed by Mayor... ooo en oes ens 2794 


Stenographer of Police Court (see Police Department). 


Terms -preseribed: by ‘Coumcth: Wiis. Oe hae es oe 2756 
Terms prescribed by Council (see Constitution). 

Time of election. to be fixed by ordimance ........... 2756-2780 
Time stowake-ofice:. v.. eee Sylar a Sil Wontar Caen EFOSC 2759 
ASSESSOR. 

) 
Assessment+0f “franchises oes 4th wie eee 2984a 
Bond. Executed : BF <i ile sie cts-lageie chara cae Wes wan gh Ch tame 5 cee ee 2906 
Cash vValue—to assess. property ‘at 5> <5: 0. cee eee 2984 
Deputies—appointment ..........0cccce0. ciatems te duce + cee 2906 
DDUCLOS ese hees ee Seal gata de ace eee tN et ae geoee Me. siete ake, dts sen etea at 2906-2989 — 
Hlection « Dy, /} COUnem oie ccccikini vidal evcna cateteeat el See tees so eee 2906 
Piaise,- ONCTiGs 5: 25,000" coe aradesgteu erates seus. GUb acanamdteie ls Re betke eee aan 2747 
Hranchises——manner Of asSSeSSMeENt — i).:c...0 « olescee chetene auae ie 2984a 
Investigate’ deaths and~ transfers.: os cine.s yw «ser eee! el es 2989 
Lands and improvements to be viewed ..........ccccccces 2987 
List ‘tax- ‘bills .with “Tax: Necetvéer = 3.02 eee 2996-7 
Oatbs—may -mdiministerct. 2. orsiere ats tet me oie tate eee : 2906 
Powers and: CUELGS 2566 Gr. eet a aes even eae eee . 2906 
Purchase of real estate—notice by .........cccccceccecs « 2907 
TLOGLC Si DO) codechncetenp) vieua se eaMaeerc id estas fers sole tack tots Hc aves ogee Oe 
Real“ estate—<translers: As. CaS Sa eee eee 2906-2989 
Register of transfers of reaF estdte-. +... . 00 ol 2. 2907-2989 
Statement of payments by taxpayers °<%... oo on eee . 2908 
Viewed—land and improvements to be ...........cccccee 2987 
AUDITOR. 
Accounts of city. to be kepti-ty se eek. : : va Le ae 2901 
Audit, all claims (aeaiisictity Sot. ese eee Pace 2901 
Boud'to be executed: (ores ea oe ee Oe cee 2901 
Duties Suds DOWers- hia ce eae eae oes eter ete sla a ete tate 2901 
Hlection by’ voters of "city sens pac ees eee “ Ae 2901 


SEC. 
ATER RS OSD gies! sao 8. 9:9. 0) ie ah mos Winike me as pee Sag es Pega ied Vor 
Oaths—power to administer .........cce20% atin tas grate Gis nie 2901. 
OS ES GSS eae Ee: eto evade boptare gies MO ee 2901 
BOND RECORDER. 

RIE Te Sete OTC SY UP ya) ser laiabelsGiWarel aia airelee 04° oc ace.6n aye sete 4.e 2947 
INE CERT CRIROD. Lr aay «Sig's os data at ava a ares 8 auklon ulate pve 0 oleheiere td. ese 2947 
mauge——to be execited. before §..... ccc cae serencvcccecie 2947 
EEN eeLTVCORANGITIOIIG “0%, 4. gy esa bow ain 4ie.a Biel ace ale © 9 Melia idcel ecbletere te 2947 

Ree te ead GUL s (LHF gig iet a) org ae oats hata c Lelie aie acta we Pe UNO ee 2947 

CES en ar eee aire ge ea ea ey aC Riubittetiet rtetabie “O pih «ite. 2947 
Fees for taking bonds ...... TER oP te neon aah o atrehs Saeed wwe oo ch 2947 

PET POLOR LW) LORSUT VR yrs: cto 9) dee, o's ahe esi gceler si eneigacw eke 2947 
EMER TU EW 08 UL EROS oy cin 22 a gala! ons eee ave! cele lace levecele wees ea ae - 2947 
SMA TOCHULLONS cea ects 3)» ate 'e se Sea ei anes aig tal ahah ae wire: wieth ara acer as 6 2947 
Records to Keep ..... BO eta Se Rte Sah, tele" enacety: eee 6 er ea sa ONE 
RNR a. wate es es sa) aietae LTR Seow, Paliet Peatintte esile od ay ac tis 2947 
MNS Sh Siaiy gig Cashel sreldioretie cei suetnt © c6eivie ele ge se TARAS cna ete ak 

BUILDING INSPECTOR, 
4 
Building Inspector—office created ........... Tain ete ana 2758 
CITY ATTORNEY. 

BEEN OV LEV OP —— COLIN. Gin ee) ccd ae eels tere, 8 6 -e 418 se tielele si 2909 
Assistant appointed—duties ... cc ccrevscvveses hot ctapece aude 2910 

ee RAPE CELLIST iPiea cn sh erat aa tet aha dua eiate, tie loca? aieget usta sok ec aie he 2910 

salary o-evd eo Be ae 0 @ LAO S500 Oe 68 See ree 6 eeeee838820800 0 ee 2910- 
Condemnation of property—to institute suit etehe ated crests 2831 
Duties eooeoeveeeev ee @ Peeters bee eeeooee800880 eeooeoe eeee2200 8 2909. 
CR PO DE COCTICOKDY:.. % a clos s vrs c tls ivic ween ese bce e's useles 2751 
REIS AVAL AU VIC, 6" oe cla ev. 0.6) ews ave ahese eis cat ee ate Dri er 2909: 
Pane aro — a uties CcONCeTHING 2... ee cc ce eee wee cs eleas 2852-2859 
Pemsion Boards—attorney for ... sce ee we vi sec cosen 2896a-2896b- 
Public ways—to institute suit to close ....c.ccccccecees 2832 
ES eT Sag Belg as: € anc s Spuele lees oe ee aes a eee 2909 

CITY BUYER. 

Oty euyer—appoainted by Mayor .. 2... ee cee wee vee ans 2801 

Pere BOs V1 eA ATE LV ir 8 ace e'ala-ehs saves 6 ois! ve 2801-2822: 


to report all purchases to Comptroller daily ....... 280% 


Q52 INDEX TO ACT FOR GOVERNMENT OF 





SEC. 
CITY ENGINEER. 

A PPOINE MOND bse a ae eee aa ses tote Sa > en Sie aepetcn te vows feta ee 2810 
Assistantsiand salary sod" 2s ei are reivaters reece Ue ne ae ne er ee 2810 
COMPTROLLER. 

Appointed : by .Mayor——term - oi ice oy stirs ssa: ee scene 5 lees had enaey ae 2897 
Bond \to -Deexecuted spy. rates hoe he eee ceases Se ea be ee 2898 
Bank“to be selected “as: depository <8 0 0 0) i ace tiwtecei a sl atete es Hate 2902 
Olerk--apDOMiEnient: Od se we release: laws a ee sea lace Geass ag 2900 
City “Buyer sto Teport to dally 2 he es ae ot ee 2801 
Copies of records—to be attested by ...........20ceeeees 2899 
Custodian of city sealand records). oh rc. 5 as sieve’ & craters ae theme 2899 
Dutiesvand, Powers <.. 24405 Sock hissy, eee ka kay nl been Wee ca eee ee eal 2897-2899 
Fim bezzlementy: 7,-6.3 ic eve 5. s rane etn te ete tars tometer heb ec ere uscstonestaea nea 2 a 
Halse centres overs eects vetee ie aces pee kha erste coke eens aso eee neon 2T4T 
Misapplicatlon’, of fund girionis aioe lee be tees Soe oo een re eee 2747 
Ordinances: to be printed and filed with a... ous oe ee 2900 
Park Commissioners’ oath; to be mled! with £) os. oa. cee eee 4842 
Park Commissioners’ bond to be filed with .....:.......... 2843 
Records—what they must SHOW ........ 0. ccc ctor cccces 2898 
Report annually to “Mayorsand, Council-s.. .e).. eee 2898 
Tax pbills—unpaid “to “be reported s 10 4.7.-.ceeres etree eee 3000 
Tax Receiver’s books—prescribe manner of keeping ........ 2904 
Treasurer to. :report.. balanees “to wie. Sols s cine tsi et eee 2902 
Warrants on itax>bills made ut Dy tia oe ee eee nee cee 3001 
to -.-be neturned “to--compiroller Calas Jv oe te eee 3002 

INSPECTOR OF WEIGHTS AND MEASURES. 

Inspector of Welghts-and, Measures: Eisic. chcuctcsc cteisteleus eee aeeeee 2755 
mot. -to* charge, LOes: ws. hse a we etdete-s wie as eens ee ee 2755 
BALAI EA ar wh clvtee aeutaiers totale a lila eda Tes aerate tee enna enn 2755 

LIVE STOCK INSPECTOR. 

BONA required a ask e es ete ee ee. ee ee eee 2948 

WIGV ULI SS 27. Me de ep ea ot ote ub wt mae are: ete ra td Fal BOO gah asi aha SR 2948 

Elected: by, councli-—term yawn see a sana ovkie ee ctor. ee nee 2948 

Powers ‘and ‘Cuties e157. F reese oie ete nate eo ee ice eee ee ee 2948 

SSALATY hela -s eilere ates, septa Gree elig anal xvas oh ace vetin oi ehenane tee tee ee 2948 


CITIES OF THE FIRST CLASS. 953 


MAYOR. 

SEC 
EMRE ISON WhO. LO ACO eS ssc acute ee wcsla wphele: ate sls 2789 
Mecmmutanie—May A2DDOINE: three «che... ee Gielie euare ass oe 0 we arae 
SEN eR CCE Wet SAV OD Sie ion eld % whe dine swans myer eh esate oe « 2801 
Appointment of Examiner of Departments, etc. ........... 2797 
Appropriation bills—disapproval of items ................. 2796 
muneivet ot purchase by (City Buyer 2. .:eSiaie ays)e gece ee cic e, ore 2801 
mrrarenrcrrnurcoases: DY DOBTAS (iis ios as wc wats wee ee «wee 2822 
Homr to be selected ‘by as depository 26... Sew cee ee 2902 
Boards—appointment and removal of .........cccevsseces 2802 

to settle disputes between members .............. 2814 

PIER UEUAT IO PU ECE GO) Vata iy cite Sealers ote) 8 la ee anes a: ales 2822 
rer yer—to. De “Appointed. DY 66. See lee sin ee eee s 2801 
ere —anpomtiment and TEMOvVal: sc. cece ee es aes we eee 27192 
Contracts with city—not to be interested in ..............-. 2786 
Sree tOTICMA Dp COOUNEY 25. cine Slee See ars ile Mee eles 2798 
Peon rments— may DE EXAMINE “se... chee cin wen eo ae wa tie ele we 209 
err Is DETLOUIVOU Yo ck. fa vise eles, ate 4 whe ae ane 6s 2791-2793 
RRM LIP LOL Tg’, acco raat dae alae he ie v abael are, Bead 2784-2787-2790 
RRS Ree RG VUES IR Ae oh Sg ce ec a elec weg uo wis bles cree ales 2787 
Reeser ty “Ciel EXECUTIVE) seas eee ee ede ec ee wele Sas 2785 
Executive power—vested in Mayor .........ce2cee0. 2784-2785 
ener et Ounclii-—May .CONVENE oo le es Oe ae See 2198 
General Council—to transmit reports to ........cccceecees 2815 
wemeeresolutions to be presented 10“... 6... eso olea so olh eles 2795 
Judge pro tem of Police Court—to appoint ............... 2925 
Peer PD UC——M Ay PTOVING sai mk en cla ane aoa eie 0) owls a ee ete ees 2901a 
Siecron tor jail—appointed. DY <2. 5 oo sc Vn cc ere BE ha Ne aoa 2877a 
Petr) Gel 1 OCTION tai Fic eee ere eo ae bon Be lete 4) os eek wie 2788 

‘hae aT Sr OE SEET SW 1 Bas SORE WAR AS te aR alt on ao 8 eae An eg a A! ha 2788 
RMT L Cet, Vay C1 TID TPIS LOT odo t oous nate a lat a tesa ew Ue ore Sidi wher ale vite 2799 
imeers—to have supervision over .. ec. . es dene eee sees cles 2793 
nN TINA i TTL ONY CS oo a ta cs Sogo Gh wd wliomins'el SRA oy Cdacel har ade eho Cad aoe? ve 2794 
Ordinances and resolutions presented to ..........-....00- 2795 
Ordinances—may approve or disapprove ...............2. 2795 
EN se Fe, rg ale Since, eT de RAE ead elena ok et elatic tc 2791-2801 
Preemient Of Board of Aldermen to, act: 88. Wicca ec ore be eth 2789 
President of Board of Aldermen—compensation when Mayor.. 2789 
ORT) AD DTO VIO eo vse b ie ogee eee eo 8 he ecbnavesa PE a cleans 2801 
Peeerecelale-—to be purchased DY nic ase Ve Shee, ia oe es 2823 
I TF RO Tar) LL ECT 1 faee aoe deat oh ured at ot oNs Fatah euWitg uvaletene Ma Meh a Ook Ie alee 2794 
i CN) EY) utia cht g Sasa aah eet ee whee abs Potdedeel ates ticle 2800 
Sewerage Commission—member of ........cccccecccvccecs 3037b 
REE TIOTI NON GT: DOATO SYA ion? cx, vaos tise e lar «| s ida ip fare tods Gower bisband 2792 
Trustees—Public Library—to name .............cece00e> 2801 


Tuberculosis Hospital—member of board ............. 303 7c-2 


954 INDEX TO ACT FOR GOVERNMENT OF 


SEC. 

Vacancies—when to fill @ ete ke Lopes: 0166 ee) bl es cele.) 6)! 006.0 eeceeveveee 2791 

Vacancy—how Tiled)’, j.° Accord ssetete oes aca eee tickis seal eer tre tetera en 2788 

VS DO DO WEI erage hte. won whsratateessinre ah te bettoliaie Vabaeyh hu car avatar tener ge eee 2795 

Véto—-parts. of)-approprigtion “Dilia’.....< 6 a: sis ces + us aes tpieee 2796. 

When? to take ofiee:) fact terete ates Ry CAG te iets eel te ehh Gaetan Pee 2790 

Withholding ordinance ...........+e.6 Piatel dros bin uty ehaneteae tar ieee 2795 

PROPERTY CLERE. 
‘Property Mlerk— Hon dsand “ON Ties) ca. etetsy pune a «aka a epehe a) eee 2888 
TAX RECEIVER, 

BORG LEXOCULEOS Kigiesethrs fates teen re Frame Bae Ee Disk See 2904 

Deputies’ appointment and removal .........cccsccccccsne 2904 

Deputies swale viesses vic tia cok ckie res alclal ee is ck caipictenand eeuers ke ae 2904 

Darties and WOW OTS. ici5). ais nets se tocal pus" Rensacde die ate teisiacalarslatateeetyee 2904 

Hleteion bys voters: Ose y sy vaste so pea tere- tackle ate Sima eRay ee ee 2904 

BU SUD LA ty: BF ee erase ite Bae cog ss doy ata ee aticamescl bt alah hvceue steal cena 2904 

Embezzlement or misapplication of funds .............. 2747-2905 

False Ventries 502. ewhe seco iu le ce heures nana Se Ran et ere 2747 

Notices—to De. RIVeN: TAX NAYEIH c7cin).S «ace ob areas chee ele ola ee nes 2999 

Qualifications yar ert event celeaetea UR AR Ae EEL Dery: 2904 

Salary—to be fixed by General Council ............e.ce.-2e> 2904 

Settlements——to) de: Mad ermal yin Pees ies dae e ekorccw adie cats Geetha 2904 
to. Dems Early cor, ack tes hie rele te eer se pied tmteuaee ly nh eeece ee 2904 

Statements to Assessor and Comptroller—to be made daily... 2904 

VCR ID /OF CO es 1. tree alte: oto coral a ead oie GaN ee eat cr Aen tone 2904 

Wartrants—=00 DG) L6ViGd Wy sors ollie ote tai hehe ce ets a hotshot nent eee 3002 

TREASURER. 

Treasurer---olection: and: CUTICE is, .t. 1... %ke sishscsvdanieter anette ls haleMe 2902 
atl money. t6DG DAI Ou, bh afeuesnirs aia ee 2811-2902-2917 
member :of Pension: doardn yikes fe tee oe 2896a-2896b 
required * ( “eivezHnond ee eA ee eect ee 2902 
to Teport balances.to Comptroller: oo... ase ek idk; 2902 
bank to be selected as depository .....i%. ccc ccc sce 2903 
MISADDUCATION VOL fuNnOse sts ste eens fle Mba Petals ve ehaeaes 2747 

Whart: Master. iiccoy Wa has esate Sloe ese OY dap "od Cen 2860 


(See also Police Department for provisions concerning offices 
of that Department, including Police Court.) 


5. EXECUTIVE BOARDS—PUBLIC WORKS AND SAFETY. 


Annual reports submitted to Mayor ........... PR Be eke: be 2815 
Appointment and removal of officers and employes ......... ‘2810 


CITIES OF THE FIRST CLASS. Qn: 


SEC. 
ENE REC NSCy WATS VARLOU ORI ye ie lacs ncaa a2 -onei9 eVeba basins s am ee 2784 
Board of Public Works and Safety—appointment ........... 2802 
Bree OO Wer COTERTDIOIN ogre cis Wk twee akhiidtals Fete es 2809 
appropriation—penalty for attempt to exceed ........ 2820 
books, records and property—indexes .............. 2803 
business to be transacted: at -offGG 7. vik. ele cee 2804 
MRTG LYE” CLE R cctrs st hii oe 6 tere nie h ca esti ah tients ue daa te et OUTED 
Soneracte——how | GXECULEG, | SS0 seer ccs cle a ere 2817-2822 
General Council—to have seats in ................. 2807 
General Council—may be compelled to attend meetings 
"1D coh LAS ty Siar | a a Sa natal gy pe a lg aan S AF 2807 
employes not to receive perquisites ............ 2811-2812 
employes to make oath concerning fees before salary 
1 Ri Ley pe SRS ag Eee Be Leet ne Ae By aed pai a EA phe a 2813 
ale ga fied Bato) shed e Seg 90 2 Sy nh 9 4 a wegen PR rg age ecole lg Wie bates Rema gaat 2804 
Mayor to settle disputes between members .......... 2814 
member may take part in council proceedings ...... 2807 
member to act only by authority of board .......... 2806 
NOG to We THLerested: Ty CONLTRCE ein ears cae ads cele 2818 
MONEY ——O elt 1 OE Pal OUL fi els olene. so ecele c+ 0nissa aie 2819 
Ree me WOE LU) SPRITIT MELISS UE ooo! cca’ Shag. a ier ye atp4 see's at 2808 
official business—to be transacted at office ......... 2804 
officers—power to employ and remove ......... 2809-2810 
16S —— Dower "tO UL Drescripen oe oS oN oe os ee ete ns 2803-2805 


power to bind city limited to amount appropriated... 2819 
penalty for attempting to bind city beyond appropria- 


Ee ere Ba el Trt ned, oe echt. akg la ie cndt chore laeke ie Fes 2820 

PME LUCAS VOL MID DUNGT Ss cicjecs acu’ nos. cvesale. otc es ecene, eo seca ote 2802 
MOSER LOE OLED MAYOR inne. chor yi es tes ole ciuncias ehaues overs Kans 2810 
reports—to be made to Mayor .......cccervcwscoccves 2815 
esata Chat LCs ENTER OE 2 coher e car ocab ere! nia ar discal eT Mk wie. e 8X 2816 
ete el TIGA OV CULO ces ewe cha toe hal atelat where’ set ace /ade (shes, 8,0rak ¢ 2816 
Rimes ANd DIACGr OL MICOTING (ius: oiciete a o.0.s 0 8) blece a pans 2805 
Board of Public Safety—three members ........ccccvcecee 2861 
appoint Police Force and increase same ............ 2880 
births, marriages and deaths—registration ......... 2861 
by-laws—government of inmates of institutions ..... 2862 
OHiel eH 7 OlCC— 10) A DOL Ge oi aa Sash af coed oe stag ATANS wastes 2865 
Chief of Firemen—to appoint ......... ATES SRO ae 2865 
SOULTO! Of “POLIGG HP OLCG ok, ts .ke cdot Oa ah ebdeh et aie. 2873-2874-2880 
deduction from time of persons confined ........... 2864 
employes under—dqualifications ........cecesseeees 2866 
employes under—manual of instruction to be furnished 2867 
enforcement: of GFaIMATICER GA HOW ER Foe oO Me 2876 
establish station houses—furnish horses, etc.. ..2777-2896a-4 
engine houses—may establish and provide ........ 2896a-6 
examination of charges—poweTs ..........2ce2ee0e- 2874-5 
Fire Department—to appoint and control, 2896a-2861-2810 
Health Department—to appoint and control ...... 2861-2810 
THIOPUIBLOM TUT MSO DY cats a cieie laut tel eias Bee Ghiiie w) caverta 2876 
inspection Of -POliGe TFOTCO. \. </eiohady stat detain openers ete eo wOoe 
instiLutions—May, JOGRUS ® mk tet Ache Hee A Wiaeatese “eiaiat © Hes 2863 
Police Force and employes—to fix salaries .......... 2884 
DOWSIS BNUDCAUtIGs neat tav nS Melee 2861, 2874-5-2881-2810 


EOINO POAC LEED poe As Cue, Kien 6 Ze ene oT the Seer ey a ietid ees 2880-2881 


956 INDEX TO ACT FOR GOVERNMENT OF 


Board of Public Safety—(Continued). SEC. 
rediice-27rade . Of “PoHCemen os ai. ou soe ee hie soe ee 2880 
TEMOVe POLICE MBNe i iss % Fiscal teases huh wnt relaiee anes mee 2881-2 
SALALY Cai 7a aie a ea ey ee aan ee reeks eee 2861-2884 
property—clerk to take charge of .........2++-.-, 2888 
witness—compell attendance ............ 2875-2896a-2895 
rules——power. to. Make. > vs% Wie es ele 6.0 onde ace 2882-2896a-4-11 

Board of Public Works—three members ..........2..20. 2824 
apportionment warrants to be made out by ....2833-2839 
condemnation of property—board may order ........ 2831 
condemnation——-procedure <2. s\cie.s. 0 bie Sb ls ops, oe ub wale 2831 
contract—work to be done under—publication ...... 2829 
contract—to lowest and best bidder ............... 2829 
CODLTACE=—=10' "BOLSDL as tnitracals J eakale sa ened ew ccntueae eee 2829 
CONLTOLZOE IID UCa WY Bites create heciahale Goede teat aun ee 2825-2826 
CODLTOL-OL Markets DOUSECE es ao ites eae enna 2825 
dedication of streets—to be approved by .......... 2826 
dedication of streets—refusal to approve ......... . “2826 
departments under—to name heads .......csc.ee.e.2- 2810 
lighting: streets7and public places. - su em eee ae 2825 
improvements—property owners may make ........ 2835 
improvements—to be inspected and received by Board 

Of: Publige-"Workcs Bex ackuk. earn sees wee bd ton ee 2837 
plans and specifications—may alter .............. 2830 
public*bulldings-—control “Gi cae 2 es eae ee ee eee Bona 
public improvements—control of ...............-. 20a 
public improvements—estimate of cost ............. 2828 
SOTAPY SL ue ete ie oeks ee ee ee 8 ee ee i ce 2824 
wharves—to be under control of ..........cccecee-- 2860 

Ohief-Dneincers—exaniinatinons 4 sees <a ere oe ee ee 2810 
qudiincatinn 7 te eae ee ee Bn eee ite Bae pe cemntel te ake eea 2810 
compensablaw tee a ee cere beeen aos ae eee 2810 
SsSigtand sits oho) ceo gare e ca haes ates Jet es aa ee Riechowalaceeee 2810 
assistants——com pensation. Co i. eas Niels eee ee ie ee 2810 

Chiefs of departments—appointment and removal .......... 2810 

Condemnation Of: property :.<. 1... saenieialsta 5 wotwie «ee Ra Mera Gok at. 2831 

Contracts—how exectted 28° Ss0c. ve ee St pe ene ees 2817 
for expenditures—how approved .......c.ccccecees ASLe 
limit: of powerctocbint Pile i, ee wes Re ce wena aie at 2820 
member not. to pe interesten in: icity cine ke eee eee 2818 

Estimate of cost of work and material .......... Se OSS 2828 

Improvements—acceptance of bidS .........cccccweccsbes 2829 
alteration of plans and specifications ..........2:... 2830 
contracts ry {ORs kstvnis setae se sees Ca are ee ate eee 2829 
directed: by .ordinante2. asietan sie eee Ree » 2826 
publication sfor- proposal eras ics. cert Zone Remar et: 2829 
specifications 4.2:<4ayaas sth Wee edt baba ew eees Sg aia eee 2829 


Liability for attempt to bind city beyond appropriation .... 2821 


CITIES OF THE FIRST CLASS. 957 


SEC. 
Officers and employes—employment of .........22cceees 2809 
re LOGS) FOCCLY OCG ec ciate) oc) aca ataate cnale aie ere qa @ 2812 
MILB NTE MEL EMOTE volgen) toc og as tavern sere, hte brans ec © e)WSk ene. e. erele te 2809 
Werrwisises OL tO DO TeCOIKCd |) o'o se le wets ce 0 se sie ela.s 2811 
EeePC INERT OT A POLUTILE Ss atone ete ielareur is cacede wits ole ee "ate, <7 2813 
eum TIpTRYE TOA I1ET PSI GY EETIVEL OM) oc doa tea) fava fehaie’C acace» © 0 5)0.e. 0/0 6 2820-21 
Public ways—improvement directed by ordinance ......... 2826 
Real estate purchased for use of board ...........ceee008. 2823 
eemnreratiier ttyl “CISItOn CO LIA YOT: (ooo cele Oho sic sete o's ce 8 ae es 2814 
Pere ri) SLALION . DLOUSECS «oi ett oe Wia-@ wteivtere aietel dle"e olelale s <\e 2877 
Subordinate officers and employes—removal .............. 2810 
arene collected and .credited.to. boards... oe ec we 2816 
Wells and cisterns—to be provided for by ordinance ........ 2826 
Seat ee Cd Leek BOT NiO 1ollanl ty ete TS bat she, ow eke etek a cee teats eel ee 6 2834 
6. PUBLIC WAYS. 

Action to enforce lien—evidence ............c0ccceees 2834-38 
Apportionment warrants—registration .........cceceeeeee 2839 
(Sfioye ive aioe gh young Mei & <r ails AUR ere Pp AT a ee Peer 2833-2879 
Gat RGEC en re ae ete atte eke chee st alels. ocats mw tadevar wars 2833-a 
etieee WOT ERV Titles Fo yi G ol bow One ala lke Slalom fons 2839 
DS VINGIL NOU Ol POLIS. ss (si ccs stn eis tober side's bes Gabeians 2839 
MRE TERR CME CNet Fle te aig a oR ae lgh'S Sh Seley ode rats! ele as 2834-2826 
Claim against State on apportionment warrant ............ 2833a 
Pe BUT Ol———0 A KOS LOY ee alg ws aoa we dal ee seeded ne So eutcnl ae 2981 
Closing street or alley—suit to be brought ............... 2832 
Tonstruction—how cost assessed 1... 2.6. csc eee teens 2833 

Corporations—restricting as to use of street (see Constitution). 
RNG OW. ADOTLIONGG tec caus Seecs Sent 0 ce.e ale sld's Sages crane b's 2833 
Dedication of streets—how made .......cccccccscvcvcecs 2826 
RIALS EOS AOE TC OULM aaa eter dit a koe, 6 pivi'a autem siater wha. deus oo bie 2832 
Pca vatiOUuS——ACt GOUICETNIDG =<. 2 oo. ve epaitie e's wlan 6c 0c lee ome 3037a. 
MTD TYCHO SL OL on ch aiatetets oa a Coad: hove ecake ‘en ace. one) oe ache 2833 
MBIT COINOT Sea (OL DOU) tad +08 oe oo, re Eee eC ele abe 2832 
Ol ent AS HRA LL Oe LOR ete ade ted tos rerara e Ue mrane Siok saa lanes hese 2834 
NICODCL EVO WOT HI Vrs Tl Oe rere, nee neat ek ig ten oe eed cta a 2836 
MITOGLEAe DY OTOTIANCGrte oy ale Gaede sic Matec ernie a igcese ra’ 2826 
PLOT te OTe 0 We OTOP COG) seats hic iam ler tae ae hee ha ead 2838 
marervection and’ reception! Of Work: (267.0205. ves ons esc e wic ee 2837 
BOs CG) Ol pu DILCAVION hci: stoke ee Peer ee cee ore iene «feo etter 2837 
MET rCOStS Ol UMDTOVEMent -)..02 bie wo Die hale atte eee eee an 2834 
DOW -ONLORCOO I = sei ais of ssh whee ks 9 She eneree ata ea 2834, 2838 
PVT Se Cites os iota. Weis: a hacets ais tieta toerahea eReked ohets | Gch of ean sie 2832 
Original construction—at cost of lot-owners ............. 2833 

Opened—widened—narrowed—closed or constructed only by 
OP UIA NCES ee oe tert el Ce rae chee tne or ce bebe a oan 2826 

Private corporation—restriction in use of (see Constitution). 
Property-owners permitted to improve—when ............ 2836 
—when to pay for improvements ................. 2833 


mE WE YC (LTT) OCR tae ioe, OE ate) eee TN a es ie SMa 2832 





INDEX TO ACT FOR GOVERNMENT OF 





958 

SEC. 

Redemption—after sale for street improvement .......--- 2838 
Paward Axon HOW IGd LOD Fe eo) tic Muted wid rete stn hanyt ooelenaia he Mie 2981 
Sidewalks and curbing—costS .......-ccceeceerseseeeres 2834 
constructed under ordinance ........ecesceeerevees 2826 

cost apportioned to owners of property .......-.. 2835 
Squares Genned oe ik cern slinne bale: Mola paris Gur wshane sop perfume erent 2882 
Taxes—levy for street cleaning .......2- secre rereressees 2981 
levy for street sprinkling 9.2.2.6 on ce wre ree ewes es 2981 

levy for street construction ........e eee eee ee eeees 2981 
Territory not defined into squareS .......+eeeeeeeeeeees 2833 
Wells and -cisterNS—GOSUS —. wie ewe els pico einicie ele gisele wee 2834-2833 
provided by ordinance .......-.-esseeeeecees 2826-2833 

7. PARKS: 

Board of Park Comimissioners—control by ........... 2840-2851 
accountsS=—report tO MAYOR 25 oGete baste 2 ins ace oie oe peas 2856 

DOD *TEQwiv ede eee Se ew er ante ve et eek gran ete 2843 

bond to be approved by Mayor ..........e2eee00-- 2843 
Hnond-to* be filed with Comptroller: x... .)F ue os inte 2843 

COM POMSAthOH Pl Peele secs eee ono ov Sais eines Papeete bea 2845-6 
Comptroller—oath to be filed with ............... 2842 
comptroller—bond to be filed with ............--- 2843 

OLE Are RTC ss oes, Ga ones he pete tae Soueiatanen es # 2849-2851-2852 
eondemn: land——Olty “Attorney to bring, suit... 2.2.77. 2852 
eondeamn~ ban I BF EO Fa es ek es week ois se ey lade 2852 
condemnation proceedings—abandonment of ........ 2852 
contracts—not to be interested Im .7. 2,00... ewe ee ee 2846 
CONTPACTS ——POWE? (LO STAKE ae oe wae woe oie tere 2840 
disqualified from holding other office .......... 2846-2847 
dlectionn /and< term oof 2-0 fice wr we reso pie ee eas hat gee 2841 
eligibility o<.0 Pi ue bes a hs, Blatant hate Sas ieee ease 2841 

Sift MAY ACQUIS I a Soe fokan del mia ge eengete vee ps Geely natin 2849 
gift-—rniot required tO ‘ACCEDE: sib. wie cates Vis ee siege als 2850 
Mayors——6X-Off1CI9 MCMDPEL so. cre inte see ew et ees 2841 
member becoming disqualified ........ceccrccvers 2847 

meni ber=-HO W.) SlESLEG Fate wl Sie en bac eos peaeeS ea his > we 2841 
misdemeanors—punished in Police Court .......... 2848 

not to anticipate or charge incOMe ..........6.-.- 2855 
BUMPS? “OL; THEM DETE Ae os ee woke Pie Saieeavess seeesiake: one the seuee 2841 

Oath toe BRON st sycise sc ls sane co ie isnt, sae d lo eauenl” ie irae ae , 2842 

Oath 26Nd CiwTSs eo .c.deesvoccresatacators Feaesttesal teas én site, 9: nents 2848 
powers and duties -. 05.6 ces we eee he ae 2848-2849 
President and other officers—salaries .............. 2845 
President and other officers—term of office ......... 2845: 

public squares to be controlled by ............-... 2851 
qualifications: 4 esterases. oo dead Sale ghia ss 2841 
report to (MAFOR crea aa Neh tS DRG Big ee eee oS 2856 
revenucs——-cannok ‘anticipate ioc. eo a.e ules eee etree See 2855 
rules—violation of to be punished in Police Court ... 2848 
salaries of President and’employes .20.. 2... eet. 2845 
Secretary) and: Treadurer Aan aa eee hw es ee oe eee 
sidewalks—to plant: puede trees along ANON oro eh Ue 2851 


term: (Of. Ofh Oe sahara sie Eades boise tkad ce Pata ana pomewns te 2841 


CITIES OF THE FIRST CLASS. — 959 


Board of Park Commissioners—(Continued). SEC. 
title to property—vested im .......cceeeee reserves 2850 
trees—control along streets .... ccc cre reesecsone 2851 
vacancles——how filled os fein fe Ue cick cc ie'd 6 oie wo ele whee 2844 
VIGE=DTERIOGNE (2) ove telce ee wb wea Felipe sie a oie ce alee are 2845 

Bond for raising money—submission to voters .........-.. 2854 

Bond for raising money—two-thirds of voters to approve .. 2855 

City Attorney—duties concerning .......eseeeeeeeveee 2852-2859 

Gondemnation of property .....ccscceees Rita Hida ea 2852 
City Attorney to bring suit .......ccerererseveves 2852 

Exemption from taxation .......ccceeeeeereeservccvees 2850 

Income for future year—not anticipated or changed ......... 2855 

Locating parks—powers and duties of board ...........-. 2849 

Park property—what included in term ............e000-- 2858 
exenrat from taxation, 2 Se ae oe 3 sete Md og eevee a 0 2850 

Police—special to be provided by General Council ........ 2857 

Property—acquiring ..... cece cer ncs ere ccesccreccees 2849-51 
PICUMTNCLEAIYE TLR OTM. | eter ote wide a ee 6 UMUEES cele) how wie, of eravacat a 6d 4 7s 2852 
conveyance of real estate to board .......-e.eeeeees 2851 
exemption from taxation .........cccecceeeevecces 2850 

MERI TIENIN YOM OM Sete tei oed Nie 4G) Satya ale’ aie o! 6.4. oie el on 8 ghee eis 0.4 40 oes’ e 2851 

URN EUS Ar re rg egg Fh, 8g, oSliadp ta aay state «jeter ose" o secs © wee) se 2851 

RIAL DAT K SNOLCON sists. sistas «012 sfin,e.0 5) 6s sey \el.one, 6/8 elashe ears! ¢ yee 2857 

ex fOr PATKS ANd SXPENSES ol ce ce ee ewe wenn 2853 
property of board exempt: fc ee ee ciel ee ele e s 2850 


8. PUBLIC WHARVES. 


erator: PUIG. WOLKE: CODLTOL rei. cise en cv eelph ale dle era laleverete 2860 
LOASS OL PTOPETLY DY on! he iete 3 Weetece hE ale lel'y) ow wel ei ele se ae 2860-2 
Rents and income from to be paid City Treasurer ........ 2860-3 
munecrintendent: and assistants... ck ee eee ce eee ee 2860 
PP EPN INTEC, MCP TViN be Sa ae, ed Cato nailed ate <tartee. aba) «1-60 al 0 "eee; 6 dive! a 2860 
APEC yee) WU PEEL OCS TV cuase a sich die, citsce ete the ar hie c1 bis 4:0 0.016, 2860 


9. POLICE DEPARTMENT. 
GENERAL PROVISIONS. 


Abandoned property—property clerk .........c.c cece ecves 2888 
Absence without leave—dismissa] .... 0.0.2... ce te et te wes 2883 

peat Tat acl ce ae Se ae agli a Aah gain, Se agp gat EN 2883 
EEL IAT TELAT OS ED LLLP Pe fae a Leora sca Are iveetie 5 cite Mm jacele 30 2877 
SL LT SAAT Pe LTT LEACION) <6 at ete Secrest es 18 et Win, oleae steve ae ee eh 2882 
mrpesi——policemen Not SUDfECE TO> 6. cick os ee wimines te 2896 
Assessments for political purposes forbidden ............. 2871 
Board of Public Safety—control .............. 2873-75-2810-2861 

DIRE PEO TTT Vo oes eae wie en gra Se caro ete 6k os Sa hen 2878 


NCR ty Er CLINE CN ree cee! fess oil a Paneth sein so x ease ga! oi er 2880-2886 


960 INDEX TO ACT FOR GOVERNMENT OF | 


Poe i ie Naa ee Se Nm ee et a a oc 1 a nc erm ire 


SEC. 

Chief of Police—appointment .........cceccuscseces 2865, 2881 
assistant: (025 G ct icstei ate ieahei care ete aee wae ee 2880 
control vor cPOliGe MOTE reise t<0 sale tete, site te! eutelte eon eae 2868 
Mayor, whent.subordinate to st. si 'c-. Se eat ey eee 2868 

pawn brokers—supervision over .........- 2886-2887-2889 

Tan ktiofs: COLOR] wei. keke ike Pole weal enki ale oun gen ate eich ielee: Pees 2880 

times of peril—subordinate to Mayor .............-. 2868 
Deducting ‘or; with holding TPAys 205 .tkdete, bese ee ene opel ess Peete eae 2882 
Datective (Woresak warpacdeee wees ees ee eral » CoE aStancceeeteartes 2880 
Dismissing MEME 9 6 c.k ge ved lee oe isles eile ela rel sta atee Bhs Chel es lela er eee 2882-3 
Dies. OL: “Police SWOrGey seks als he deo vol eh see ce pete Nag ease cet see 2885 
Hvidence—stolen property or money ..........ccccrseccees 2891 
Examination, and: inspection sof afore a2i.c. isis os +\ se sencinde eee 2895 
examination vol Go are ee lies eacteh oe eae. as ake nest sicaetaes eee 2874 
attendance -Of/ Witnessy su... sys uaa tereiRiie oe akele ee? elk oe tae 2875 
POWETS - PONSTAL Ys fi os cee cs ee whe se Pa eae eee oC eke Lee ee 2875 
Hxemption fromarrest- on clvil. process oss 7. ys. bee tae ee 2896 
Hxemption from 4ury: Service a. we h.n alee ck ee eee 2896 
Exemption: fromm itary duty) Acces 5 oats earns ante ode 2896 
Femate-prisoners—detained-. o). sv toss te kaiaCanm ‘amaindte ce peste eaten 211Ta 
Morfelture: of Salary sow cies eee Gels op tne ee on Wane beta ee ee: ee 2883 
Blorses furnished ors lectin eee ake ee oe ee eee ee ce ee ee 2877-8 
Information: firnishedby-vp0ards 7a. 7 eee aes eee 2876 
Inspéectioniot force mises. BRUM ca ee hs oe ees Pee is ee 2895 
proof-of ine fiicieneyuics. soa, Bie eee a ee es ee 2895 

J Atl—Chaplain TOTS (acs aks kes cs Oey OS ong te eee tere en ie eee 28770 
Jury.service—not Hablectyo: os Vséeen he iats abe ere oa eee eee 2896 
Mieutenants: of “Police, 7 ek Cn etn ee eee 2880 
Lost: property—— property selerk 2-223 sc eee eee ee 2888 
Manual of instruction tiurnished. 24.8. wae fete crete eee 2867 
Matron (for? fail oo ee oreo Week oneane aos soe execs Oe eer ne 2877a 
appointment—duties—salary ........cceeeseesees 2877a 
assistant BA ROSA ee ee ae Bee Di ee an eee 287748 

POPM “OF -OMCE 4.5.72 Bate ee eee eee eile whe a ence ee 2877a 
VACANCIES S45. i eric Sees ae ees poten Wh te ete fo Wa ere vahels sete eee 2877a 
Mounted MA trols wan i esse ss tee vetoea dca Pee anetatalia ston ater ont ee eevee 2878 
Oathand-bondjof members tor forcew .4- 6 .i+.s os oe eee ee 2894 
Officers and -employes—quatlification’... s..4 0. <4es. sche 2869 
Ordinances :<enforcedmsis aks Ske oeke & ate cae cee ce bee eee ee 2876 
Parks—police power to extend OVEr ......cerceccccveesoes 2848 
special police \fLorehiic ie dete ats cance ipzes otal a ea wees eae fete ae renee 2857 
Patrolmen——num beriol yokes euece lees ace aie deters ie ei ig te eras 2878, 2880 
Patrol “Wagons ©... ae hee es ee Gee rs as Saeed ee 2877-8 
Pawn brokers——su pervision SO VEr oetsie soe wisn teasl clos tee 2886-2887-2889 
examination-of: books and :tickets: .\..4y.m 15 tae cuceie 2887 
Pension. for: POliCeMens co rare cts als eck sate dake: see renet hose eee 2896h 


Physictan (fOr Tar Aicv wivreea apices te eee eG eee eke cee eee 2237a 


CITIES OF THE FIRST CLASS. 961 


SEC. 

prea orce——what LO consist of cis cic cele cee eee ccece 2880: 
Serene SPEC UG2 OTL CO. sy ov) ale telale biw'e ieid and a a'e ener s, © tava 2883 
absence—leave of allowed by Board of Safety ...... 2883 

ee mETACS ALTA LILO) CC) Vere tens of! oat ee athe a ah oter Ree ak a chesece di 2896. 

Ree Pe oP, ah Veh a ee a ahaa het ne aR baed Ce oleh es 2894 
MPCISTLE CULT es yw rs tc te aha conven. elec  oicard ke. WOM ue Suiits, sk 2880 
PPEGISUAVES- 9 3x, shuts lo dca shee A PIE SL UR 2m aor eM te 2880 
duties—preserve peace, etC. 2... ccc ecccccrcvcsces 2885 
ipnorance—cause: of removal 6s... w vce che wie we eee ces 2895 
REMMI ee LOU CE! Mp, des, akc orca okey wea eis ete eK diene Shae erat és eco e 2880 

SE BerwiCO———=T10 CLEA DIO LOM staal s ores Bs Sisto © oe relete ia site 2896 
inspection—once each year ......-ccececcvcvceces 2895 
money—can’t sue to recover where forfeited ........ 2882 

ETON Gs Maral 5 cohen a ete a erar Gls cau %els Wile’ eins celal decals fold 6 ni og Big 289 4 
resignation—must be by consent of Board of Safety .. 2883 

EE TET ue Wek Meher ai cramer Marae Riel eta. ea clatter a es bie 6 ake 2884 

Mo avisetand. Tenor to; bOard =< « «<s bake Serves woke ee es 2879 
Rreriian nol to Tecelve STatuity vic. Ce os ied oc eb ace be e's 2872 
assessment for political purposes not allowed ........ yey eS 

Beate DAMME OL eC OliCG. COUT, civ une ohtece ene! as) aoe ete ve ar a's e 2944 
BUArEOSSASAINSE oils e sla hol eke Mena hic a ate the athe! wae on sod 2874 
dismissal—reprimanding ......... 2882-2874-2875-2893-95 

ee ARI Ve Ces PAGE VO ai oo: oo a oak eos baie Mel bidle ore eve o's 2872 

TT Cs ee ete nA Se eet ose a Ge chun! Via Sse pinto wleiel ws 2874 

eae CRAY (EPs ee MW oa fe, Bites bas IU ches ye kia ote narei an drake) exerers 2869-2893 

ee CUG ES ST eT REPS cs 5 a a a De ra ARS aT 2870 

OMT LOU PDA eT POTN pose ok cn pitas boo one bvaetve LED Geeks eo, y Sika ae 2882 

POP CEDOTIS1 0 OAT NOt PO ALCLY. 6. on w/ehe'e wl ace ee cl sels eels ee a 
pee el ORO LOR 6 cis laia! <oaiee: ch ecale leis ejaneko- @.ateyels 2943 
Porieal organization—not to belong to). soo ccc clare ew cee ee 2896 
Bewers. OL O1ICeTS 42N0 GMPlOVeS. 2 cs cio isis stereo Me ace w pelea w% cle’ 2869 
Private policemen—bond—duties ...........cccccccvveee 2892 
PRUE IDC LOTS cu 25) wentsnnl goat eth ra «epee lace Cece Seas SS eran 2892 
Seeest GX OCIILOG DY. POLICEMEN \.7. 2). cls ls’ sd: arace jo lay vor oueterese,e.s o's 2943 
Promotions—order of ......... yc RS Doe seth ey kN ee and Aa aie 2881 
PTL T x SOM PLOVOM: oithy ica owls eta 0 acetarad u Blots ae, ey ee ele ers. 8 2888 
MC eo Lersorinont Ol a DMODOP LY tn ais ere hale ace vielol ore: A soso uae x. 2888 
charge of stolen property, ete. .......... oe ee 2888-8 9-9 
property or money used as evidence ..........-e20¢: 2891 
Hieiaimed = Proper.y 404 D6>SO0lG o's aU a re erat alee ae he 2890 
MES GUT 5 5 Se. wiv 4 adhe oka oe c6 sha ie ba ipata weetenare teats ote Woes 2888 
Qualifications of members of force ............ ose 2866, 2892-3 
Removal of members of Police Force......2874-2875-2882-2893-95 
IPE LTH ES INONUDOCT: Ole LOPCE) « «sc sie viele sis olelie pel el elale-e ee 2882 
mee anos rerilations-——disci pling. .. . 2. 0's secs es be Celeie’ «. 2874 
COREG CV IUIGNCCS Bi 0e oie eo el o's aleddlelel enw dre Glevel ohdion a. ale 2874 

Salary of officers and members ........ Rikon wi aciattel siete nh ec attha.oce it 2884 
payable ‘monthly; ........'. i tetehate” vena Aakash phe ale xk _-- 2884 
ERLE OU PIES rie ashes Nets tal a's a erevecel olssdier arabe severe) chav analer wip 2880 
ELM TOLLS. a it cicee acre aR ete sated wsebena ven ela?s Spin Herat ehane tobe tpzal Oreo! aby 2870 
NRT 7 F4 1UK1 LECT LOIN Tl O USES, Nol cee <a ate c in, <<) @ o sbw RiGEST  wrdie me osetia, ote ok 2877 
PCIE DMO TIMATIAGE te Sek Sey ren s orca teh ar pie aiare’ otc em, wie tam os aay ed 2877Tx 


Stenographer for coroner’s inquest (See Ky. Stats., Sec. 537). 


962 INDEX TO ACT FOR GOVERNMENT OF 


SEC. 
Stolen property—property clerk .....cccecsvescves be abene eam 2888 
SVIGENCO——11S OG AS 0 ae lino oe tu pw 'o pd TSE ao eee pee ween 2891 
Supervision’: oVer-PawnDroker seeds vhs cece « scene nieces ecdived ate ars 2886 
licensed and unlicensed business ..........ceeee0 2886 
MUSPCNding ‘MeMPEeTS OL TOTCO RS =. sei aake 4.5 spe ves les teen ps denne 2882 
‘Taxes—levy for Police Department .........c.cecee00. oie a elem ee 
Tea MIS BNC VERLCIOB sie vole cordio tse ecules een oats wo. owe cela. 8 Ve nen Bae ae ee 
Unclaimed property—advertisement Of ........ccccccsees 2889 
dispositions Ol seis. chee ae ae ee Ps iat oe eer oa ee 
POLICE COURT. 
Appéals to Circult and Appellate ‘Court <2......4.086 ay ae 2922 
A CLOTTICY-==DTO SCC CNS acces tenance one tans receadae oe ay otenare ne ee 2911 
MEL WED upebern yy eon tee aks iene ketayats MOR an TEE Re #66 eredcareerheene 2911 
Bong to Keep thevpeate., car. os whee ace PP Pr 2914 
OT WACEUB SG: / car eae oe cee oie tat his pe Pe ey, Fete, 2912 
OChildren—cases involving custody of 0.6.00 0.000 ee ee we yas) 
OM oo ied to OD Ee oh cis Eee he ee at eee 2911 
Confinement in workhouse or fall «he ee he chee cae eee 2916 
MGurt: Of MOCO A Se SaaS, ck Suet Nuk Suc oats kre te seen cant ae eete ane nea 2911 
DSCHSE Sc Oe as Das aw adel ck ane ene 2918 
DGOTKSeCPeT oe eS ERA Re OeL ee ard, ee tee 2928a 
Drunkenness or disorderly. Conger) sss Se sk clsicla bekas ete 2914 
Sb ac Worbbel bit-ene shih eye hive stews oe Ot ON. ae 93 Pe ee ee 2912 
HMailune to: «perform duty—-pengity:>. . ooo. oe eb eo suena ean 2919 
ees and costs—noneidllowetl 25. a Pe iene ace suo 8 stare co couse ees 2921 
Mines and, penalties=-extent Of. ss eiten coele n elatera es eens 2913-2916 
ine——pald IntoiGity Treasury veo 3s: esd ie tele thee cde roan tetebacs equa 2917 
payment Dy Worn eee s ocaatecntone wih Sue le aes) a sate 'sieaeatae 2916 
iniprisonment<—hard labor pes eang. onc een releh alee pike onan 2913 
J ali—-Wwhen ‘to: be CONTME: Tiaides inion eo eteh acca a cbse enmeeee ae 2916 
BIUEG BO ces) weciae Seber sa a4 eae U eR ae mes Bae rtieee ts Rn age Nea eacen ane 2945 
Judge’s Docket—entries eooee ese eevee eweocweeeoeeweere eee eee eee 2918 
Judgsments-—CONtTHOl; OVO Siri a wee cia ce, stale Glaee cee ee 2918 
Suspension “Ot s.25 vate cinta = opens ane eee ee Lane ee 2918 
under ordinance bars other prosecution (see Constitu- 
tion), 
vacation or modification ....... i a leis, dish lepaae. ae eae 2918, 
Judicial power—vested in ........... PM ak eee Te 5 2911- 
EMTISGICCION: OF sicling hark da aac eae aber eee Sisal, AE ra Ste Ih2Z 
Jurisdiction over offenses committed in parks............. 2848 
MI TACETS HOT OCOUT THE ae. peel ce tere eid % ele dks ibe a ee eee 2911 
eléctidn’ gna “Pernt Lets le te ite acetbleeee cope nee eee 2911 
neglecting -duties=—penaltiés: ioc es ho eee 2919 
Parks—jurisdiction over offenses committed in............. 2848 
Place, of holding court... . OC ee et Ae OR ee 


Practice+—rules and regulations ~ 30.4. oo ee 2915 


CITIES OF THE FIRST CLASS. 962 


Prisoners must be prosecuted in 24 hours.........cceesees 5048 
Rules—may be made by judge..............06. Peete atatohen aks 2915 
OIC TenOrt. OF CVICENCO: 6 so... cis ecw alse ween eee 2912 
EE ME ag wa ah aia. e Feice fy, 00) Poe w ee Rails eke e nce ais se en eue.s 2920 


PROSECUTING ATTORNEY POLICE COURT. 


Children’s Guardians, Board of—to represent........ “Feil 2014 
Commonwealth’s attorney—may assist .........cscccecece 2939 
IED sy oo. foce.e s,s. 0,s.0 SEs noeed ees NSE ae Fare ea ENE 2935-2936 
Hlection and term ...... eee eee e weer cree cenevees Pisnwach tel s 2911 
ELITES FE NOS. cs Ca crake ace wes crete éhe 6 em eet ene te a. oobie baad 2935 
memeem. ALltorney—compensation....... 600 so tea cle w cle ee ae 2938 
ES SUP NBN see gyrate. eG a La ase AIR aie Os RO Kes i ar cP rR 2929 
Representative of Commonwealth and city...............0. 2936 
TSP U EDL SUNIL chat cet cia als 0b eco si rioenets. &) Bi n.e. gets Wisiey oe 2937-8. 
NEED TD eT OW GOL rie tp ace. ahs ta hos o.'0s ois ene! ove Iason ne ele- > se tate 2938 
BAILIFF. 

IEG BGT Fane Sd USE es Rl re a Nat a a a eR ees orn 2941 
ETFO NCO Se ates 55573 Paha ortsinas eins: tauisitnletes aL Caio ecee  e sae: 69 2940, 2942 
TT SO aie ee ease tarps Satire see Pherae 8 pe Subd penteate Mh Sat IC a A 
MET? Sri COT fhe Xie lcceia se one klene ic Met Be lp So SA Bae 2911 
NITE AY PUMEIOL tates Ute clviece tio fh Grol oe ee ee dee 2940, 29438, 2944 
Ete CONSTA DIC OF DOLICEMBAINs a cc ce cv ies dyes dietw. biel erSin bse arate 2940: 
EC SCAT LITT 9 (311. re a hstorscaskle ape ast elate oicle oe ial stele Octo iss eles 2943. 

RUPEE C TMi TUISE We OR RO Lan wh cou cee! wins ig Ya ieteealansee sca oe Oh Oe 2943. 
DI AE ooo hee oie oss Sate eh ciao ots ie dla a sie oe Fp. 0:20 sles Rae HESS eet 294 4- 
TERT LATA Wyre ihn ee sed ore ea ce oa abate dete ial ie pein ielel Ute ssineuels 2943 


TUSSI wR Ry a ae Se RY ORI Pr ee aa a 2930 
IONS TA TST EU LADY eth dias «ol oceded tees GRU le ee. eae oh c aiene. Cob ete we 2933 
ER RD 08 SAPP es Po hg at GEE «<a a woh oem abate Siege slab alae eke 2929 
ner Meters 1) OTE TG IEL 5 io roa is eae oe, alls wee UAde eae ee a eee wick te Rd O oleae 2931 

| LRU Meet! te> bb ss eters Al bral SEAN, Pete CP ese Molle” Biehl abe Me Male ot ite Zoe oie 293L 
Election and term .......... DSA ie neds eT TALES ote te hd Sad ed be 2911 
ELECTS SIS Ya Oe OMG ie os BI a A SS Penn Pe 2929 


964 INDEX TO ACT FOR GOVERNMENT OF 


SEC. 

POWSrs and, -GUtles: vince teach. Seas ine eee Via ats Siay dete 2930-2934 

Process—authority tO \ISSUC oo. eee eam oie yo" oe bad 2934 

"Qa lifica tlONs -7.o° oe. ais fare inn Siw 4a Soo te sel aban uate ddetelly alos seta niet eal eae 2929 

SRILA is See ee ne aaa te EEN ele Sle ie a ae cote Sine ln agin 1 ene 2931 

Vacancy in office—how 2 filled oon... Sin 205 © aie as elabals otis eeneeee 2932 
INTERPRETER OF POLICE COURT. 

Appointment. and term’ of office. 7s. 270s. ts so cis secre ee ee 2945 
ALA TY oN ate te ates ANCE ¥tn ss lode lesa late © he Pk 115 Seta Deite ae We tee 2945 
JUDGE OF POLICE COURT. 

Administer: oaths oo yrs W aces, 8c er otcasetal task erie ko ae wpeee) aie ee 2915 
‘Attention= to duties ec. Poe eles are Rie ie tahoe tena eee eee 2924 
‘Children’s Guardians—board of to appoint................ 2008 
‘Children’s Guardians—judge a member of...............- 2008 
Conservator Of ‘the peace. is. c2 2 ita eee eee env cre cee 2915 
Door ‘keeper for—to appoint... 242.44 0s 2G ess oe} ae sane 2928a 
Dlection and “term fers h secte les ee ek cel diebale o oeata ne 2914 
MRED CoE eis Som, eng cm acon <aiis sotine te ds eke maleiettc cies Se Se aus ae eto cn ne 2923 
Place of holding COUrt 25 Sees es eens ce eee soy eis oe ee 2928 
Pro tem. judge—poWwers 0/7 ose oe wie ote ccls eel d vce ecient ee 2925 

compensationovrise Sie. ee aware och keeta std ceed ee 2925-6 

when :judgeisworn off bench 2.6 20ers «ore eee 2927 
MUL ALINCA LIONS: fx cake ones ae texas te are to lovet naetel etx tote elite LN eae nee 2923-2924 
Dalary—paymMent Ol ew neato ee a wate ee wes btelel at eee 2923-4 
“Wacation—time-“allowed. wo. ee a eee 2926 

STENOGRAIPPIHER OF POLICE COURT. 
Appointment and term of offiGe: ...:.. css vss oc nace 2946 
OBA BLY 2 iicle (aie Seton fone Ye bert ew Tas haces teow sae aap acice tala ta ence sae ek 5a 2946 
Coroner’s inquest (See Ky. Stats., Sec. 537). 
10. FIRE DEPARTMENT. 

.Absence—leave how “granted’:.. 0.2... se wae se ee ee 2896a-12 
Arrest——members “not subject: to. 5. ...6%2 3. see eee 2896a-14 
Assessment for political purposes borbidden............... 2871 
Board of Safety to appoint and control....... 2810-2861-2896a-3-9 
Board of Trustees Firemen’s Pension Fund .............. 2896-16 
City Attorney—to represent Pension Board............. 2896a-32 


Chief of firemen and assistants—appointment...... 2865-66-2896a-7 


CITIES OF THE FIRST CLASS. 965 





SEC, 

Rare ie oye sw ts Clee de a Boa ae See wae we 2896a-9 
Fines may be imposed by Board of Safety.........-....... 2896a-5 
IO LSIOTIS TORMIALING i.) 6 sie cise cn se ese ee als 2896a 
eesti 1A ble tO SCFVE OF... vis ees ve ewe iosaweceaves 2896a-14 
STI TIESLT ILCLIOIG 555 cov eishe. & olen a) e wie 's)elisiuie ‘al piislle) a mreliellel's!s 2867 
Perere—-DOaATG May INCTEASe. .. 2. ccc ees asec ener esees 2896a-8 
IRIAN Shes eg toe as aie. dain’ « ¥ wantn om 2896a-16 to 2896a-33 
Bere rnd —awho entitled. tO 2... cc cee see wee eee s 2896a-26 
RM INES PO FU os a5) SEN Gah chs arewsk eenaye Gherehal otelalen dis eis 289 6a-9 
ED rN ie siete clr Gis: ace. gis ave teNemaba ature ons ovele le wha. 2896a-10 
IRIEL GIN LOY GRD otc 4 dis carase ¢ oc 0:01 sce ko ece) rh, ieie hee nee 2866 
EO YS Gl: Ss AORN oa Bi rae HA Got) he aerate 2896a-4-5-10-11 
Rules—Board of Safety to make....... cc. eccccsees 2896a-4-11 
Memiee=—may be used as evidence... i... cece ewe weee 2896a-4-11 
SEEPS TOTTI TTTE G1) OL, (di aida wide, acer cla) olGucehe: «icin a oie.n sales 2896a-7-13 
NE oe Care WN PT. Ge, 5 hor etn lel ef b'Soe: a. oe, 8 .e 6.a'0 0. 2896a-7-13 
DES TTUTE TNE Tie ies aelayn ol aXe. 5.4 ve 0s a0 o's. 0.6,0/6 ore venn he 2896a-7-13 
Taxes—to be levied for Pension Fund.............ccca- 2896a-17 
Taxes—levy to be made for Police purposes................ 2981 

11. EDUCATION. 

Branches taught and text-books furnished................. 2957 
Bribe—officer or member of board receiving............... 2968 
IS Car 251) 2 TIMOR Patra eva aie. oe s/c Bate aly oi wie aloha ae: wlanele exe'e 2954 
pte Heit ANG: NOW LAKEN “f). i) . wae wc ec tw cee leeks 2957-2974 
Census—report of to Supt. Public Instructions............. 2974 
Census—Supt. Public Instructions may make.............. 2974 
ES Tae SV 60 See pannel ise at al am ke a a a 2978a 
IEEE ret TCT Le ees Soe ene le ote Vine ne taca rele. Goce dle ca eer 2973 
MMMM A TAMIR Sy ia ad gg Me 0 a 8s oo? kT See). eect oC eA elt ee 2973 
Merirenroutwinue Of City—tuition) .o.0 ec. ce tence ee 2961 
Meee PCL CCP Cel ITPIGR NOT pO. coe ook ho) 6 ate he ale shee rial er as 2958 

Bmore nLOVIOeO With. LOXt-DOOKS. cc... 6 ke occ ces ce fe 2959 
Perot. wtOuAtlend. SCHOO... \c. te fre i ot ak 2978a 
Seosrecion Of white: and “colored nc coc line ww clevwceta--c 2978 
colored children—not to attend white school......... 2978 
Common school law—when not to affect................... 4433 
RE MURIEL orcad Wn Wa yay car! wit We Teel aLwtyict aie ohal a¥aksheresutmmls 2949 
County superintendent not to be elected from city........... 3999 
County superintendent not to control city schools........... 2974 
Meera eU Ty Peet SSBILCCLOG [20 5 bee ce ce wee eran sb 8s sleiew ence 2963 
MerLOTy—OW GUECKS OTAWH. 6/5 «55d acta ereic cece sc meee 2963 
maenriet school——when desired )..... 0... ccc cc ewe cece 4432 
Enumerators—how employed and qualification............. 2974 


Enumerators—failure of parent to report child to....... : 2974 


7 e 


966 INDEX TO ACT FOR GOVERNMENT OF 
oe ee ee 


SEC. 
Hnumerators——Concernine ss, clo 5 ea ele she ate ees 2978 
Wscheated porperty vested in; board. 2... ~ 5) .j0's cise a le sue ee 2971 
Escheated property—board may sell ......... 5.4 52. Nismeem 2971 
Wiseal and ‘scholastic year iecci ci - tease ote oe eee oe ae ne . 2985 
Funds deposited in bank—how withdrawn................. 2965 
Graded common schools—law not to affect................. 4489 
Guardian to send children to: school, v.28 6 sm oes ee 2978a 
Incorporation: situ 4 fea ore vies at eaee cbse ase eee ae 2849 
Thvestization of Complaints >2.5.5. 00s Mist hale (ote couse ep iatate ee vane ae 2966 
Kinderearten methods. s 0s % ae wh» wae bse ie pects Pane ee 2957 
Officers—may be expelled..... bale feice Gs Spi dearcce Tac aeerle ae arene 2967 
Parents to send children: to’ schoole. 2.4. fmm. oa ae 29782. 
Parents—penalty for failure to send child to school......... 2978a 
Principal and teachers elected by board................... 2956 
dismissal and suspension \ui.5.se ee ae ee ee ee Lg: ‘ates 2956 
éxamination for: positionw.) cach a ans ai eemee eee 2972 
reprimand.or .expelled=,: °..5.5.2") Le see ae. a eee 2967 
eh Beard ho a ER arate a ota he cate ed Eee ee 2956 
Publics records)! st. eS ee ee ts ee eee ine ue eee 2953 
Religious belief-—not.be-tanghtic so. fils. Meee oe. ec 2960 
Report to Superintendent of Public Instruction............ 2974 
Reprimanding or expelling teachers and employes.......... 2967 
members of: board lier Wate Scieee ee ae eee 2967 
Revenue for.year—not to exceed. ts. eee ee ee 2954 
Salaries—not to be changed during year. ............+-.e.% 2956 
School .Yund fromState. f7e07 Tes Ne eee ee ee 2970-2974 
Secretary elected by board=—-term... 4. 9s <0... 6a bee ee 2962 
pond——duties’ 32 ta ee ee ee ee 2962 
depository——to bé ‘selécted, DY... 7s one wt ect eee 2962 
fees and. perquisites not allowed... 7.2 eee ee 2964 
chetks——low signed! 7 ik stone. + cic s Pe ee 2963 
census—to employ enumerators ..........cececcece 2974 
Sectarian teaching (prohi pi ted. 4-6 ars as ers ee eee ee 2960 
Separation of white and colored children....... RR ne tg 2978 
Stata isehoo]. fund—titya. pare... weitere ete eee eee eee 2970-2974 
Superintendent—eletted-—term \. a ee ee ee 2965- 
CUTS ey ails Tone at eka? ote, lela oy aie wettan Pens eves ee 2965 
Taxation for maintenance of-schools. 2.4). i.20%.. (3: 2969-2980-2981 
city’s portion of State: finde. Chie ss ee ee 2970-2974 
districts: for <.yorf eee | a eo 2974 
how.;paid« to sehool: board . -F 7 dene aes oe eee 2969% 
reports—shall be made to Supt. Public Instructions... 2974 
Teachers elected: by: beard. eS a a ee eee 2956 
certificate—wh'en void—revocation ................ 29713 
dismissal and-8UsSpensiOn--\ 4-3 wn. we eee 2956 
examination’ “for positioners was sa se ee ee 2972 
reprimandédor*expelléd ) 94. ca ws ote ce eee 2967 


Salaries atk. iene sao tetas alcat 6 ee ee -- 2956 


CITIES OF THE FIRST CLASS. 967 





SEC 
mnie prescriped Dy board ... 0... ccc ec eee ce eee Piwly teres 295-7 
Pe eT. TOVICCH. SOLED. pcshel aictin le isl Pare lecwiere slave 2989 
Penn Omcer——appointment and term..........08cc0eees 2978a 
eee. Me: a a i 2978a 
RR ete SIL i Hedaya gic ly ts fe oper we uyel ¥ sue age e ope ejale alee 2978a 
Ei tet Ma LR gh ec Sig «nl ale Stk gee ake cues ee 2978a-lla 
Trustees elected in each legislative district................ 2949 
Bepuention of funds -......:. D Eee Sat ae OCD RO RCO 2954 
SR RTFE TCIM TOL WOE Ys fates. ce + cs tere Moats te ala. eat ece te 2952-2954 
NE COR ok eI CGT UAE cD OR Mal ait nan baked chee adel oS ei else abe 2954 
ERR ea AEE. oie Ae Moen it a DG Sabai eta Looe’ wdewenel 4) oo 8, aoeceh 8 298K3 
RE ee OE ES TOs Mabe ee We Were, ores DG eee ok) GE vl yardel ei ya, 6» dhe 2949 
debate—not to be questioned for...........cccceeee 2977 
EMME YS 1LE) FS LLC Oieb ale) me ells oR rae Nolen Te! ont Cente aes ww: « 2975 
eligibility—disqualified after election............... 2976 
Serene “HTOPOLUy” VESLEU 1S. Ciclo cela ocehwtahevecellela edie 4 2971 
SAPD an G sMGnaWere as oe) ob a gisele a Spero esate 2967 
estimated expenses for current fiscal year............ 2954 
Reena ee UNSSC LCTL meer, ons Boel ats ofene «ale ec Wrd wteharese dies 2949 
Mi TIO OXCOR CU oo ieee elcid: os lelele! s°e ela icte ate ef¥e.s 2954 
Dope Ur rer L IC IUE Oy GOTT) ALIVE ED & sate elie o.0 F chane ecb she sieeue so’ 2966 
Oh OSS Sele ae 0 Bp Re SER ata ce i a aa 2949 
Der Ta wie eT NO et eo ee ie 3k kee ore ote ee ak eles 2951 
TIN cP WPI eee ed 82 ts ee sa a ifs We aoe ood Cee dn 8 we he ee 2949 
penalties tor failure to make reports .........6.0 005 2974 
ere Ue ELC Cl COCO eee a iret e bie crc kel ce 6 wa eee pds 6s 2949 
principals and teachers—to be elected by............ 2956 
principals and teachers—to fix salaries.............. 2956 
principals and teachers—may dismiss............... 2956 
BE Th UA LO Ne Se tigi x Gee etc wie gt ae) peels doe 297% 
ee CEE BO COTT Oy 5 os lidocaine as Aap eceyeions xpecs eye ta tem ts 2953 
property—owner to acquire and hold and dispose of... 2949 
ERA On CCL (Pane a re AG, nc Aaeisieces 4c aor tias aie no Se sabe: odo babelve” ahha 2953 
PAS TTL LGV Tis Ps Voy eae Re ate Sc ten vale Wa a tane oe ea Sv see or 2975-6 
Mialicanons—shall.-be judges of. occ... 6 aa ws 2949 
PUREE Tr ee Ra ay ats hn Ft Aa kW ors toh sina duned sianedes oiése cel bbe.'eh ste 9 2951 
REAM L EPS ETAL ICSI 0) Ts GTR PEMD) 5.5. bs were be io ice ston lade oles enero le els 2967 
revenue for year—expenditures not to exceed...... 2954 
LRT SYA fore oe. ks rata eel oP ete wits 2949-2950 
rules and by-laws—how amended.................. 2950 
ee memeerele «Oe PLOT UN yao seetokok, tile vate ne etek he aie GUA eke aber e Oils 2962-4 
LE WV ent gts I eR ee oe a ce ky Be ra a a 2949 
PEROT OO DOT UOOG 6s o.5 40's cole he eh ete tete ha a Belles Slade ene 2957 
text-books—how changed 2.6. si. cee ele cle wee ae ee 2957 
ic SER EAN) VoL WW WEL ELOM) Von erst cet cpetotetate otk a es wiser eet s 6) Slee els 2949 
vacancy—member becoming disqualified ............ 2976 
witnesses—power of SUMMON .........-.... ce eevee 2966 
Tuition—to be paid by children outside city limits.... 2961 
12. REVENUE AND TAXATION. 
GENERAL PROVISIONS. 
RS RATT DOR at OR co caer eda ey anh viedo a0a) eek ce: occ of aha ne v0 tele 2980 


Appropriate—not more than 95 per cent. estimated revenue... 2982 
Assessment—General Council to make...............00005 2980 


968 INDEX TO ACT FOR GOVERNMENT OF 


SEC 

All taxes «heretofore: im posed <i. ci sney stele os ble's «torn gh eteuetn eens 2979 
Balances—unexpended credited next year..........-cecee00. 2982 
City Attorney—when tax bills be turned over to............ 3005 
Cash. value—property to be, assessed (at... -'s\s s/s win eae eels wets 2984 
Children’s guardians—tax to pay board’s expenses.......... 2013 
Corporations—assessMent.cOL caries io loue nce sys cs tebetale etary eramenene 2984a 
Deduction of taxes from obligations due by city............. 2758 
Deficit tax—where less than 95 per cent. collected.......... 2982 
Divertéd——-not 10 Dew w.s errs esc se se tele eats eRe ee ee eee 2816-2980 
Excess or deficiency—provision LOL Wes yy ieee te ee 2982 
Hxemption ‘from==park Property Wiis es w sieeve eaet Aten eee 2850 
Exemption from—manufacturing establishments............ 2980a 
Bvidence——to justify_license fees. i. cr.) iis uals c ove ws tele oe 2019 
Expenditures—limit—excess or deficiency...............6.-. 2982 
Firemen's* "Pension (8G nd yo oe wns oes eee ease ate BoP cS 2896a-16 
Franchises——assessment JOf -. v3.24 tine poten eae 2980-2984a 
Franchise tax—how apportioned: ..) 0.) as. wh seca eee ee ee 2984a 
Franchise tax—penalty for failure to pay.............c-.cc«-. 2984a 
Franchise tax——lien fOr) e2i)-ccatg eve erate eae Cee eee ee 2984a 
Franchise -tax—-reports. Dy COrporallongs: «|, pivntsre ons plan cener ciate 2984a 
Franchise tax—penalty for corporations failing to report....2984a 
Improvements—meaning “Of i. coe we eee cle eteoe ee tee ee eens 2984 
INCOMe—StAX ON Tk Fe aie ete ares wloon eae ee areeee cats Ret eec ene ee aane Gre ren eae 
Invalid ‘levy ‘of tax—-eflect! <. 2... ves 2 eee oon a eee 2983 


Juvenile Court—levy tax to support (See Ky. Stats., Sec. 331e-21). 





Land—meanings’ of » term ys. 5.030 2s. eae bee i eee 2984 
Land——whén may be purchased, by icity... Ave. aeetea eee 3005 
Land-—how long ‘held (cea Woes Re ee ee eee 3005 
Land=+—lien eon |. hee Saks es cs cece ww mele tbue ete eid ee oe oan nn 3006 
Leasehold=—Hen + On ve faire a ow sare gle <letie Rave Te Lee ee 3006 
Levy. to: ‘be subdivided © ¥. seo wictis ste tee se ee) eee 2981 
Levy ordinance——fallure ‘to “pass 4.05.04 0 bao ee ee ee 2983 
Levy—purpose for which levy may be made............... 2981 
Levy—prior to 1893 vyalid) SPU. 4. ks ce ae ee ee 2979 
Library—-for 4 ise ece ere Cece a ae ote ee eke eee ae en 2801a-2981 
License fee—may provide for .s.;. <tc: oases Rie ae 2980-3011 
License fees+—fixed by ordinance: tyhisssa. scene i ee 3012 
License. fees—when “palds i) uc oe aces h ckdetnc ete ee eee 30138 
Licenses——wihen £0 . expire) is. cui i. ros sc fospasees war co ace eee 3013 
Licenses—-to, expire in one “year o..4.5 %). 2 «stale cia eeneceee 3014. 
Licenses—business, where to be conducted................ 3014 
Licenses—Tiquor 20) sti sesve mts hots a tee eee Bn var aa 3.025 
Licenses—to be exhibited gcse. eee eas me eee 3020-1 
Licenses—place of busimess changed.............ecceccees 3014 
Licenses—how authenticated =f o. vt ee a be eee 3015 
Licenses—how transferredmyae s ...c- o- ateles Ge ee 3016 
Licenses——-may, be: graded 2.41.4). Se vi bee te ee eee 3017 
Licenses—sworn statements in order to obtain............. 3017 
Licenses—what to. specify i).-.uaherta). tei te ee eee 3018 


Limit of tax: rate (see Constitution)... 5. ot et ee ee 


CITIES OF THE FIRST CLASS. 969 


Manufacturing establishments—exemption of ............. 2980a 
Married woman—husband liable for taxes................ 3002-3 
Ordinance fixing rate—levy subdivided ................... 2981 
Ordinance—leyv—failure to pass—effect..............--%. 2983 
SREP TN VALIO—ENCCE . 2 cw cs ee te tee tt eee wees 2983 
Sramance—all taxes to be levied Dy .........0ccccccecees 2980 
Ordinance—to specify purpose for which levied............ 2980 
EES erento oe ca eee Od 8 0 TE eletate ates 2896a-2896b 
mmemone nroperty— meaning, Of «6. ine ons e cla tee thelelorels Ueeee 2984 
nr Ontarete F205 1) SU10)T1, PULTE, 7,701.8 ra ele eras fois oe elas clt.e lave lal ae 2896b 
SEE aa Te Se ae i aL) oi SE ar ee nn aA eA 2980 
Preceding year—when rate adopted...........-ceeeecevee 2983 
Pr COUPIALGd TOT LAXES~ .fisi cic slateels 6h Mal clee dale siele gies 3003 
Revenue—not more than 95 per cent. to be expended........ 2982 
oO OES i SS Suen gone ea l e MPEade c , 8  e 2969, 2981 
Stock—shares of in bank—-when exempt..............-... 2984a 
EE RMT EY Vous er eee See dias oi vin: ticle! oss a. @ie 8 eos. eoec ee elecviw ae Gis 2981 
mime 48-——ASSCSSOY ‘LO MAKE OUI 2k ow le ww ee ce eee ee 2996 
Tax bills—assessor to list with tax receiver................ 2996 
rd OY CO ate oi cus acs nu slecece. isha kd 'elece wlevese epebiete s 2996 
NT Tee WGI UG We cc is wk oc ce wee ea belo wees 5 Papert Se es 2996 
Pete NOW AUTHENTICATE... li ose sicie’s cb nb 0 ctw cre ws eine 2996 
Taxes deducted from amount due taxpayer.........ccceees dae ET 
Tax levied to pay indebtedness (see Constitution). 
Baier paying tAxes—nas Lien. 6.06 ee ee le ee ee ee ee ee 3004 
AOL CL te 8, Site, eel athe kode! s toca dod ety. se ele esas) ei elelete ae 2980 
mrperculosis Hospital—taxes fOr .... 65 ccs eee ee ele tee 3037¢c-5 
Unexpended balances—credited to next year...............6. 2982 
ASSESSMENT. 
Bumeaiiioral assessment provided fOr... ke ce ore te ene 2986 
' Assessment in wrong mame—correction ...............0208- 2991 
See Ye O NID U1OS Ber 4 tcc” c wits thc ca a mush 6 b-0 1a eee hobs se eee 2992 
prueba) VE V OAT Bo bert Sep eusie ancl bins evs advmeleleln lead oases BOW 
CAGE tee cee Rs fos tel g Sa Terenc: cet Oheck eoacdis, ane ae. 2991 
Assessor to return at least five assessment books........... 2985 
pramine records and: make inquiries. <ov jd. ie a 2989 
Poms — Wien tO INA KOLO bio stdte allele ils le eile as 2996 
views property  belore assesdines : io Ni ee 2987 
etie——-tax—Assessor to make Out... .....cicccwvcccavesives 2996 
Bills—tax—Assessor to list with Tax Receiver........... re 
MN nS UVTI Ce reg a ie as gs ohio 3 bw ce ni bisn,'c 4.c0.0; lel cee es 2996 
era eee TTY Cl UP EA A rer Pye Tits, cli’ dese! care os wpa <a as auvire #0 oedare.s és 2996 
Aad ICSI TIL) ALTO WGC, oo foc lsnt so a2 ila ce ale Bheb le ehh ete ame 2996 
Board of Equalization—elected by council................. 2993 
PeeOseOne=— May INETOASG. i.) <0) sc fete deok ayes A iale Sieur oete wie 2992 
CeCe PCT COAY UCC Mn ater aM hare SYK ord latadaa, scale’ Wie fold tila fe “aoa S oohin Me 2993 
BOTH DININIS—LO IN VESLIZ ALE. ess ebece reste vi dy evdie a civ 2992 
failure of board to. meet—effect.......... ‘Siiten tanta ts 2994 
failure of board to meet—taxpayer may complain..... 2994 


failure of quorum—place filled...............0000% 2993 


970 INDEX TO ACT FOR GOVERNMENT OF 
ih et ee ee 


Board of Equalization—(Continued). SEC. 
franchise assessment—corporation may object to....2984a-7 
increase assessment—may .........cee eevee erveess 2992 

~ JOUTMAL EO" DOME 2 oe oeehs oe stele tes oe et keen ee 2995 
place and times of meeting.............6.--eeeeee 2995 
quor ur 25 oo Ae Fes fess ceca rere 2993 
TECONVENE Bo.c.es ee eae a Ree! at gtk ora Stn cae oo hte Cte 2995 
tam tills suspended tices tel sive. 0: ord xisys wer shape) os =n eeeneede 2994 
time of mesting ss 24 eels soe sii a ar seen renee 2994 
vacancies=<how “hlteds = ocr. ste kes bebe a ape a ee 2993 
vacancies—temporary—to be filled by mayor......... 2993 

Books—numober. to be" returnedy .20AF a. ae ole at paisa et eee 2985 

Boo ks——whaet.to oneal 5 cic tees ehede ore le Pees cole ene 2985 

Books—time to remain OPeN .... . eee cece eer cere eee eee 29:92 

Corporations—assessment of ........ Steet eet ary he eee tS 2984a 
penalty for failure to report... sti... 6 sn © octal ees 2984a 
paying tax—stock not taxable 2.2 8 .6s ok. . Beaniniee 2984a 

Excessive ‘assessment—complaint: ..s set so1e lm <ale reels sen eee 2992-4 

Exemption of manufacturing establishments .............. 2980a 

Former owners——how asSessed . 0... ee ewe we ae wees wel 2990 

Franchises—-assessment <Of- ¢ loy6 0. Gi oa ew 0 de weaahe e, weeeaea 2984a 
notice of: assessment: 2.408 2 Sie ove 3 Ale ae wate 2984a 

Heirs and devisees—how assessed ........0 22. c ee wer evnes 2990 

Improvements—what ineluded bY 24. ci. cc cw et wes ee ewes 2984 

Imeérease of assessment——notice <<. wae Penne s ciete Gute ees 2992-3 

Joint owners—haw assedsed: fees Pe See a ce eee ee 2990 
lien, when. effective si. 0 Sc. Seis ee be oe eee 29.90 

Land—wihat. it inelu des: o.gcn Sas & Bae ae eee ae ee 2984 
to be designated by lot number et24 ee eee 2986 
to be viewed before asseSsor ....0...0.0. cc ccc neces 2987 

Lien—when purchaser not affected ............6c.020+0e05 2990 

Lois designated “by ‘niumbert ar oro et eee 2986 

Mans—General Council ‘to provide .. 0.6.0.4 ers. be Eee 2986 

Mistake or omisstom HE names oso Ate ie © tes aes aie eee 2986 
notice: of “correction 1.4654.) 25-2 ae ee ee ee 2991 

Omission—assessment within five years .................. 2991 

Owners and fiduciaries, te rain Mitts . 2 cos. ek cara 2988 
failing to return—proceedings .............e0.cece. 2988 

Personal property—what it includes .........6......00008. 2984 
when, stock. in -corporations exenipt §...2. 22 ...4. -s0 2984a 

Present estates—assessment against holder ............... 2990 

Property owners—to report list of property ............. 2988 
procedure upon: fallurecta Mossy list. caste ug tare tee 2988 

Railroade—assessment. Of --.. <4 Fs yw a lke aa hs el een ae 2980 
franchise not to .bé“aneessed inosine uae Aa ee 2984a 

Remainder and future estate outstanding ................. 2990 

Retrospective assessment—when to become effective. ...2991-2992 

Retrospective assessments—lein om -...........020c00c000s 2991 
Hotiee of: ois al A eh bee Ue cere et eee 2991 


Stockholders in corporations paying franchise—-when not re- 
quired fo=paystaxes On AStock | 420. cee ee ee 2984a 


CITIES OF THE FIRST CLASS. O71 





SEC 
Beeemiiimelictod with Tax Receiver 2.6.6. ee cw ewe ee ees 2996-7 
EME IRES LAR EY ena. t Pee ooo ches co we KGa > ah & acd ear’ CM. ohne 2996 
LEED TC) TIC? OUTS os, wan als, sb ata lgltd > eee 4 sas 2996 
MRM EECHTENVO” AT ULGD Go .2c) oie’ s x ele sno cxpisiverahyle ain in a 08 2996-2998 
SE SUE Sia eee Re ge Mae ER ee) cl ee Pn 2998 
when listed—when payable ...............2e2002- 2996 
amount to be deducted from obligations due by city.. 2753 
Senreeeerete OT ITS”  GRSCEATMICTI LC: <. 5 iciied wwe < ale aeisllo «: 0m» 0 ate o's 2985 
Seana MPA ITO —-CTIO CT OL) | oon food e eAS 0 5 ao p's they ee ei qnee’'s 2991 
COLLECTION. 

PMIIEMETIMPOCOVOYD LOXCR ll te ee cg wee eww eens 2998, 3005 
MUSE CATIA oN BET ea co hpi! ere vs a ob .0'g vaca Boeeue 3002 
mment to pay Out’ of income—tliability 2.0.0.0... . cee wees 3003 
smeesessor to list tax bills with Tax Reeeiver ............ 2996-7 
Attorney for city—to pay money to Tax Receiver ......... 3009 
Ree PCu dase vat SAlG o,f ec ccc cel ewe eng eee 3005 
Commissioners Sink Fund—when to pay revenue into Treasury 3024 
Decedent’s estates—affidavit and demand unnecessary ...... 3005 
Deute MOF PHYOWINT- PAYIBENE 2. 062-2. ome chee wwe er. 2997 
mererraint—unlawful—remedies = ........ cc ee ww ccc wee ceus 3008 
eee MON Se Se GO NGOIN DE. Soins oth. Bike ers ema egne es 3007 
CUTER Seq Cot To eS Fe ae a er ree re 3008 
Fidiciaries to pay out of income—liability ................ 30038 
INT ir EMEC EE EEG ide ait in fa veg) « as elmiviel © Mey. dan. Wine am cie.e wu 3004 
(Sass oR SN CA 4 pale og i ye a ee a 3004 
een £0 foes TIO LEN and oad Pd, Sialkot mol 625) ncenehe oki Wun eoplshelee 3008 
Soreots ana persons of unsound mind ................. 2999-3007 
Eee OD PTEOVEIL CISTIAINE ba. co. sats wlelalela cl aha ole eee siete bis 3008 
LENE Ga RR gh or A oe, ai eran ies, PLE Pare hap 2998 
DenrOTEME LI VIVE OWES ora. edn ngrad oho ney oo te teh SER Ree os ees 2998 
ETE est Cr ATOLL UTI IS cites earns boeee Sine tee (bccn #, oite lie be eyes 3006 
Licenses provided for and paid into sinking fund ...... 3011, 3025 
IE COPE UST LCOS oo 2c aaa nse ta) as a cng fphadas th A ersetaiidada fo-0? wipsliaie) Se 3004-6 
PME ILC TTC CEL ele stat ete ed alenss hat eb Nees sche cet sha chia Abe ne 3005 
Sener BEAT. IR Pie cay: fas iste ers av cake weit, Wo reetk le Neel’ ars oe ne 3006 
purchaser—when not affected ........ 0.60 ccc eevee 2990 
iementses-——committee to be notified <.........40...% 2.00 2999 
emetiiene 21VON thkDAVGrs 04 gcc nce ba wee se eae ee 2999 
@yilteations due taxpayers—deducted ...... 2.0.00. eccees Pt 
EPR RU ET Cte oo or a ee eS Nels heey yehite des cttece ca 2996 
I fe er Ne te ee haan 6 aa eel wane a ese 3001, 3004 
Personal representatives—lien of tax bill ................ 2998 
Ra ceete RTOS (TCE Pe re eg ener, Satan's ate 5 4s 978 ae 9 0 catg SSO 3006 
Brrregrrerimgd, Nyt etic a ee lO ence vig boda fa Tidesiris€ a4 Gott 'c 3005 
redemption of ..... gay ee Bee mee Pe Or ome Cora ae 3005 
Boeniurcnsased: only tp be held: 6 years. «... ..c<ve4:. 3005 

when not to be sold by less than two-thirds appraised 
Se BETS 208 a ee nae tho Sao, Kgl DT Nar a aR eR ig ee eee ue om 3007 


972 INDEX TO ACT FOR GOVERNMENT OF 





; SEC. 

Receiver Circuit Court—taxes paid to ......... oc eee ee 3004-3009 

Receiver of: court to: pay taxes. Sv esc. ess aise a wee or ekh ee eee 3009 

Reniedies tor TeollectiO nies wot csce soos cet ate ehedeee tee) eae ane 2998-9, 3002 
action: £6 VECO VET feo i aise cess lore eee te eie ck niet 3005 
eaTrnish Ment Of sPONtALg woe aie 6 cleteis eis wets ole ene ene ce oUGe 
garnishment of rents—when not to be made ........ 3005 
WATTATE Pe-wyitee i eee oe vole 6 0 es bibl el tee sia he lochs aia le tete te amen Ranta 

Rents—lien for taxes against ......... Heh sii cielo. ac asa enone 3003-4 
POSCEAINT ALOR i katees Sab tte ‘Cgop agatelat ale hpe le ate oie ste a eee 3004 — 

Sinking Fund Treasurer to collect licenses ............2..- ZY8P 

Suspension, until complaint heard sy osc: ccevean es ciene kh eee 2994 

Suits for taxes—personal judgment .........00 06060 os oe 3005 
distinct -years sued on separately... 2. oe si bee 3005 

Tax bills "Usted: with; Tax? ReG@IVGr vr. ..slgieis enc 66 5 see a ete 2996-7 
listed with (City ZA GLOrmey “5 a stata cle aha ctes wie coe core eee 3005 
unpaid—listed with Comptroller ).....2. wes. cence 3000-4 
unpaid—when to be sued on .4....cccewcwcrancnun 3005 

Tax “Receiver——bills. listed witht 2.0.09). sx: sfae: oc eee 2996-7 
to .collect taxes #2.) s5s ime stint Seeteicde he easels Oe 2980 
attorney: for -city to) pay. Over tO -..4-d),.40 @ eee 3009 
attorney for city—tax bills to be delivered to ....... 3005 
delinquent taxpayers. notified “s.0.<scs sass eens oe 2999-23004 
delinquent taxpayers—penalties ..........c.eeece-- 3001-4 
false”. repori—-penalty. vj. Note ane Gr oe eee 3000 
list of unpaid bills filed with Comptroller ...... 3000-3004 
penalty “for «faise: reportes. kita) .2 he eee ee eee 3000 
receiver, of) court. to: pay Overeto sais tet eee 30909 
warrants—to be executed "by ..°%....22. 30.006 s stem 3002 
warrants—advertisement and sale under .......... 3002 

Tenant—garnishment of rents due by .......ccccccscveees 3004 
DOLICE- LO. ani eek ere aie te 9 bea be lehetienetice ier oan ee 3004 
payment by—llen a. tse ces eth es bene xtatene oislai.e eee 3004 

Unlawful -distraint’ or *garnishment *.% yon. eee 3008 
remedies—injunction .........cccec. PRY SS 3008 

W arrants—unpaid tax bills ..... So. bea WW honor! = eee rie tale ee 3008 
advertisement; and ‘sale ka. oie cece ee nee ee 3002 
penalty allowed’ once ke eh eee a ern 3002 

13. SINKING FUND. 

Board of Commissioners—powers and duties ....... 3010-8-9-3022 
who composes ..... ts eee ete va oe te Bae father 3) sents tenes 3010 
corporate <Dame +. oss eae ee ie ete ae ee 3010 
election and slerm +o. n.9.-0'. hone te eee ets oe re 3010-3 
OLISIDIN Gy ner vate ate eee akc ters Ea eT PUP Ee ANAS fk me 3010-4 
VACATICYV 7. Gl Aviste eke etree ctemmiees otis lotto te hnar a Sete tee ree ncins 3010-3-15 
Oath: fyrcivtc. cas va wer a eee date ehetates eee tere ghee one 3010-5 
not to speculate in’ bonds: of city o.07 PS. Sheree 3010-15 
borrow money ....... e elet Wisi ie in teterate a ee Sree) rile eee 3010-12 


TETMOV AL | La pyeg wee abe ee otek dias eae, cha etre thence neearan. 3010-6-15 


CITIES OF THE FIRST CLASS. 973 





SEC. 
Sew EISSN OC. cA. SOLM) 356 Vik ec sete sc siete ce bee 3010 
not to be made charge against fund unless provision 
MURR ESPERO Toke vis a nS ag ied aden ha 2 At Ad ha Nee tain (nis ete! 3010-8 
SEER TEN ASCO WROD 2..-2 to ssc. cdbetbeataleceye eva ees Foe 3010-9 
MERON AT TL ES Rt ue tah a rer pitas OW ye ibn aati 2 <a ie oy oh alt 3010-10 
erecuso. Certificate by commission: < .. 2028 ae alesse -, 3010-10 
SEE LO) LB ert fey a ch eo baanatn laren doe. papers eunes cp edhe os 3010-18 
IRENE LCS oe, hah Sb an gh oy 0b 08 cha AAW IO ale Ment hao BNE. se Celera a! poms 3010 
RO aaa gta Nees eG ea aia ie! cn Noh ERO RER y A blll ai 3010 
TOIL SI TOY, tebe a crakal tere wa tee chee, eke aS Pe GEE Ue 
ER REA EER TIOLOLO’ 5) 455° 0 latos aide few Gis tiene foke wh alts Mae ele el 3010 
RL IETIEEN AG OW TAT VOR occ d cuir fetes we o oun ote loans vee dao cote 2860 
UMIMINEEISC ALY Mice 0 sh, Wed aca Gala a Gln ofa. Son's; 4 Salta GaP ahic tee Liens 3010-12 
ILE VOW DOT i oes c res pera cles esau acu tipi ae t hcete es 3010-12 
Mare OMCC’s. ANG CM PLOYeS ... wd sso oo ae a. eae ore. 3010 
Beet OMment—penalty. TOP. ccd nce in be ccc cee e el ecb ab Woes 3010-7 
BETO SOW. WIG pee ee ws aso idiw oe ele bey d wdklae sie le's 3010-9 
EMT ENT WT LMA LO) Pease reac are. a erases or eb 6.0 ew dee chen nta valle SOLT 
to be collected by Treasurer Sinking Fund ........ 2980 
ratte TREDECLOT—DOWEIS ~. c'. csc cles oe ew ee tc eo 0's ve ee es 3010-19 
mre Wee TL ey SY)” LOTTO WEG cre wield one se ole alecard ous oi cre'e os Sie leaves 3010-11 
Pra, Witla Wit EPOIMeDAion iets stirs vei. 4 Suelr as 3010-12 
Officers and employes—appointment of ...........cccee0c 3010 
AL Caan a tem eRe? ch orig Mba deve. a eho lacag easel ben a4 3010 
SEA TLOO fA ge paler ore chats’ vial et ace eee slels Bar EBay att See og ag 3010 
CIE THT EPOASUY I. 5 ic.c sue osm s Sao ak) Haran sate eee otaacs 2980-3024 
ed E DO TNDCNSALION | ciclo v0 fete 0 ove at he eieietalc le le.d (eens 3010 
BNET es TL CLS ecw prere'a ta arcevc e Sie a nat aheme: sates valateme etaete ook 3010-10 
Resources of—used to pay interest and principal .......... 3010-8 
Seal—may have or do without ........ DED Rr hat FRA Pe 3010-8 
IS EIS VLU 1G SITY CS ear vale x ie aot aap, epeeed S euavareha le stew inate 3010-14 
Taxes—levy for Sinking Fund ............. lg See SE Sone ee 2981 
I TP ATIC SCO LAT V4 lhe cpl cx) ace) dvs bivt ira gs Phan bane whack low re 3010-16 
PUAN MRT OCA IE ards Aral eis are ie ateheias arate Soha eS Eee es -,3010-16 
PCIICi G bas LOLI. 1, ee toree, elev euics ciel cod cea iaeevonels va akaake® Sos 3010-16 
DTS Teg en Scie Ae Lk in ae nS PORE Se od Ho AAR ER re ore ced 3010-16 
embezzlement ....... PG kee Ces Sos is a ee ieee eae 3010-16 
RUM PEE USS Widpeuoe 1 hee eae tego he ete cod ch atg: BC acai deat ec cuw eek ete aoe 3010-16 
may consent to change in business location of licensee. 3014 
REMADE CUIYI epeh trie bei ea clare raiate. aha: sab aiaab bent cee have cate als 3017 
BOECOLLECL Cen se Tees eck on oh SA Be et Sheena ee 2980 
FOeDay. saline tO City: "Treasurer Na. cer ie 2980 
Pee ODOT GLO GOL LTO hea a. uy vein ra, Ota eke weer ma tenes ta tank 2980 
£oTID OL -OlncGe and compensations... Fe. Wei. Se ie 3010 
Ee PEST) CI EL LCD ON aro) soe ah clint Gi ote s eos ae eS ar 3010-3. 
SISTA ATL YG BLOG Ht tic caie tokh assoc) ons hevaet eo tete mane Saha Me 3010-12 


974 INDEX TO ACT FOR GOVERNMENT OF 


14. LICENSES—GENERALLY. 


‘ SEC. 
Agents of non-residents—HabHity <. 0.0.0. NS hi. Fees wtale ie 3014 
ABPCAL LO *COMMISPIIONETE 20S aa lieo ce. un restate” th ied oo ee 3017 
Application ‘for—sworn statement 0.0... 080.0000 ssc en ee 3017 
Awphienrticatiown: 7GP ice. oboe eae aca a Mee cua oe RN phe ce nee rn ae 3015 
‘Business—where to be conducted .............04. h. wea ae 3014 
“Busginess<=placeOfseRan ede cytes ie etyuewehe ere ctith< 4 us 1c) een ean 3014 
Thange- of place Of DUsingss. “2 foe sis ts ce, kas ti ceeernaend 3014, 3018 
Cohviction for ‘doing “business *Withoit-.. . 5 > eal ee ee 3023 
AIOE 4 eS IE BE Sree aah cere athe alte oso’ Seat ie aeaede nn 3011 
Enforcement sof Neense Aaw eo .7 ce he Re 0 ON es ere eee 3.022 
‘Wyvidencei of ‘person’s liability: to pay =... os) spe o's a cdots lon eae 3019 
“‘Exbibited++license: tobe) eos a aaelk wae is  aPalate ty ae eee titel 3020-1 
“Pigpiré-—-when ito: fork. « seen eee a neds win Lede eeaete ys eo clean 3013-14 
‘Pees—city may prowide for. .05.8s <2... 5 o« Sipsatele wecterenis 2980-3011 
fixed -Dycordinance <s. 7c S 3. eee whee ee ee ee ee 3012 
wien paki so hic 5 ec eis aes eee ee a ee 3013 
Tey’. Weer - Sd So ee a Ae coe cee be earn ener eee 3017 
‘Grade of license—how ascertained ..........-cceeccecsece 3017 
‘Liquor license (see heading ‘“‘Liquor License’’). 
Name and place of business specified ............6.2. 000.2% 3018 
Meeupation=—gernerally <3 sda asic aoe Ree Pee ar 3011 
Orne year .only:.t0; TUN Lakeeire k k Pee ee eee +... cL 
Ordinanes—-license. fees. fixed bY... 4 occ eo. obese wu Ue seiele 36912 
Old Ain -AdVaNee iu Sree Ses ec tatana tot Be imal vis tebe Chine ee 3013 
~Pewreacnt into ‘Sinking <Pund- = on s.cac ce a wer ran ow Ghee 3011 
Peddlers to carry: atid e@xmibitis (eA. oS ee dee ee 3021 
Penalties for engaging in business without ................ 3011 
Trofersions-——gereralhy ns a ee eee 3011 
Provistons. for other sfeenses-. 4.0 te Se ee ee ee 3012 
Specification—what license to specify ..............000 eee 3018 
ESRB MOTION ATL 2.5 o occ die io Divig ole Wid eid a are a a 3011 
Treasurer and Secretary to ascertain grade ..:............ 3017 
"Trane: (of unexpired -livense@: Wakes sete ee onc. a eee 3016 
LIQUOR LICENSE. 
AATANURE OC, HEAR 00k < we okie ease 0 I 3025 
Amount of tax—General Council to fix .................. 3025 
Appeal ito. Cirewtt “Court vo. o0 fat oaths teeny as eee 3033-3034 
Application—how and when made ........c.0cseccucees 3031 
bond Vala ppb ee rt ic oo cw sevwts ta tcl waite do apie Haase 3031 
denositz by applicant uocl ots week oe alee: ate 3036 
factS——tG -COntain yes seed et ees ees eee ar ee ee 3031-3036 
failure to pay after application approved ........... 3037 


fee—when-‘to sbexpaldicin<s.0 fo sa se eee 3035 


CITIES OF THE FIRST CLASS. 975 





Application—(Continued). SEC. 
RETA YCLEE ICTY cols 0 os yh ln goaathc tape otaalehh ete a en ahele cele .s 3032 
NS SUE STS oer a ar aa as ete da es eo ac eae CR Oe eae 3032 
SEIT OLED DLICA NE Caius fo 'araiel oe wea le ace ees o 303: 
Peete ater DG TCO) WIth 5% oie Side eles Ce pers wield ee ee 3036 
ERIM Sr, de ee aes els di al'd a, Sic a oar erel Ow Dolo ne 3033 
IER PET 28. 0 dP ANED wh od Wp hg. wAieiiw. 4d vieic. aM <Bachpah ee Aaa 3032 
ume ro SOY applicant ..5 of... ies Saye wee crane Se Pa eee 3031 
ny St WO. CLCIZONS oe Oo argh cm tele Wd wlan seme 3031 
transfer—how and when made .............e-..0005 3031 

Authorizes sale of spirituous, vinous and malt liquors ..... 3026 

I RT cee re ha oc ey aoa, een, ws dire relat it el aledaioieeeiiaare eat 3031 

I CPE og 5 ota ac ota tale se, Sin latdicecchshard whet chaketelsys ape 3036 

Displayed——license to be ............ S. Vaits Sah eae a anige aNORLG Fate cits 3036 

Druggists and apothecaries—may sell on prescription ...... 3028 
MEELIS HOV OGLTAPOs «6. amis ek leks eisicin Cie ad one orecale 3028 
SURE TCT VAS REPO CM c. . ye. vce cs aie 08 Sh agh Sue bo eles capes 3028 

TEIN LICWOR SG 90 ao 5b cg ss a a areca ders ow Coleen ws 3036 

MELA LC) SOCIO ick ole cede us ves sa ca idle 10! Sp WR whe we idle tle veg 3036 
OREO Egg ag Tt a oS a i Sie Pr 3036 

Zacense Board—who constitutes ........ 000.06. ccc cee 3030 
rrerLerrad FAN SEGUGUAIY. f sisis lic: < 2 Sole ees tle sale we als 3030 
peranine -license—appeal vol. ba ee ee ele ee wee eee 3034 

MLO VOC LICENEG® 8 or. 0) i oie bw) none sie. c e's a ew wale See 3029 

NE ENSR SG COSTAR gree al oon 4k uvdlonas cae veils’ « RbsuAYS bea) chan elegant 3025 

Cuenurenr -OnAY——license go00d) fOr. ..c;.. isi diear nb late ccaved lela gees 3029 

EISSN LLCO) OP siren ONO wy gic Pelae ys glccie woes obs. ghd CR lake 3035 

nS ES F609 Co 0 8 aD aaa 

IE ROE 9G) 0. orca. Sob cace. sae Jd eatheqcbicwsSalenn sake scared eb WO Oe 3033 

NS Fe No oc tec ba oe Wide te ever es o> of den ck Ow ARID TEA OOM. Sette OW 3032 

Retail and wholesale dealers—who deemed .............. 3027 

muevoke—when board May ....ccccevrncscsccensvveces 3034 
END 7 RE se Ry ie a oe RS AA SAR Ob Ue Se oS 3034 

Surrender of unexpired license—deduction ............... 3029 

Mummeer a: unexpired license 0... 66. se ee ne bc cue ume 3029-3031 
moptication. for—-how made). 0... <0. oe . wcee cance 3031 

Wnexpired term—allowance for .............cccccccccece 3029 


Wholesale dealer—who deemed .........c..c...cccevececs e027 


INDEX TO RULES OF BOARD OF ALDERMEN. 





Rule. 

Wook bp « Meme Aim hg POC NS ERA BAER a | 22 23 
Aldermen, Board of—call by five members ..............0.. = 
Amend ments—tEOSMOLION a5 A fig lece se ta bg eee en edeey ere sl hea 22, 26, 48 
when ‘not. in forder si. 3-2-5 bc ve etale lates wb 0c lose anaes el ahar et nnn 28 
Amending—rules, notice to be given 2... cece enc cco ev ecsce 40 
orders of ‘the board. 05. er Ao Nee ie ae eee oa te ee 40 

rules or orders, unless two-thirds concur ............. 41 
MOLIONS sees sceee ts bs ie 6 CUTD eee Veoh hile a pe hee retiat ena 22, pau 
Appeals oo Seyi Wow ote Ge Wit e ahnee aoe wie Wee mee kee Iie eee i! 
One -meniber mA y Fo Se Pe ee oe as. cae toe sal oe oe 3 
Appropriation—-when  exhansted::. < ade wk: + cele ss ot» mie’ euslieeraceeenene 42 
Bonds—committee report any times «0. 6. s.cs ss.) 0 ere eee 12 
Business—order Ol My ew ea as even dere) ace oe oa beled shel ee, ee 43) 28 
WUNANIGN EG 2 ao tes ce ake santa! Oe 4 Va Nene hs, sd nica ieiwccciae aie anaes es 4, 30 

“NOW, DY AFOUL weucry wise caus beaks apa eaves ae cae eh ee 4 

from. ‘city. Offcerd.) sx 5s c,h se wb cid abe tetette stehels tertesten nena 4 
Call-——Board of Aldermen) 62.56 ~. oss faewrts fete nce a atoms en ai ap eee t 
Censure Of Miem Drs: vec Fis ie cw le ate, Biren sUirioe sees ed oe ee pee a 
City. officers—business from Sos ist drae ds we vale Sigeelle stakes eee 4 
Claims—reristered ie ness. ceils baste eieciie i ta eee eae ee mers Be 
Clerk——read motion Seeds ee ve Pee ee ae ve ok ae ee 20 
Committees——appointed? sao. ik SAAN ode wwe I Newel hela e wees aes 11 
privilege. t6 .TeENOTCS < vice age eho ete ls eae a ee 12 
report. next regular meeting wi... o ects eat ae ee 35 

report ‘in writing if reauested*.. 4.5.1. wus eee ee 35 
SPECIAL “PON OFL SA wis ose, wood ores ot Geb oek hago aihaa cts cals Galas 4 
standing. report sci sc5iu a ere esa vel e's te" est Seater’: Teng saa! erate ene 4 

GT TDG. WN OLS rei. bate a tales ie aac een. ee eee 46, 47, 48, 49 

Of: the? Whole: APIS@ se -22. 62h anges ote de a icaecee oie oe ten e 50 
revision. report. GAw ae a sovcels. 6 tb ee eee oe te oe 12 
DODGSTEPOrt:<-.iow siahes ote tare or aoe eran cae Cnn ae eee 12 
CONUActs: <TeporTey a. eh ae ee oh we es ie eee eae eee 12 

not. to. sit during council “meeting: afi. .an is. eee 48 
revision ‘to sit during council meeting .....0..... 0.9m cL 
Contracts—committee report at any time .............-<cee0- 12 
Cushing's Mania le Aa ieee as ea ee ces amet oe palate cee area are 51 
CONSULS ble a Re TEs ak ec teatne oie fata home ane ee er ee 1 

send *forsapsenteess.. 2.5). wrctepse souls unlkedshs ido. -oeee ae 1 
OlOction AY Hews al Pelee wae fe er ee Mae eae UR ae eee eee * a ee 
committee of the whole... cee ao ene 46, 47, 48, 49 
Debate—address.:President: ¢..cihaw. cis Pete wate wisla ss Sree eee + kt 
President name. first. to) speak ws... 4.2. saa.s oh eee 16 

speak: cmore than VEwices. occl sis sss ateye succes! ise k ieee wé 

speak wmore «than (ONC. S24 asase we we sce ace niet cone eh eee 17 

speak. longer: ‘than sfvye minutes (0. 7. <u) ee er ee Pres Et) 
Elections——by. Board’ of Aldermen 3... 2.4...0s.5 oe oe eee 29 
J Oint Riles? er te hoe eek Sere ee ob stele wt a ote ok DESO 
Journal—read and approved ate ators! ove taka o mibie ive le tet otecenanenene 2 


Rule. 

Lay on table—motion to .......... Sy Rage at tt eo yes aie rare VA A Se 22 
Meenuei—CUSNING’S .....scecceee Si tisvald telsis. el ekevorainty: ol ceaehr sia 51 
Seren mMuUnOaAlLlIONS LFOM. 2k be seco 4 net weld too cle wes so wens 4 
Members—call for division ...... Gh reba Pa cL MEE Shoetel oye ted shales ve 25 
SPENT eS CHAT CWE so ok oe a craters hie le ere tela ois Ri 
REET G1) GIFAIE PUW LCOY) nic.) ee bb oad) eel eletaie ahd bisis anole) eet ay? 

not to speak longer than’ five minutes .........0%0... La 

moe permitted to leave... 2. u% 2 ee ele owes Cer Aa) SAS 18, 45 
meee PPOs VOLIN Ge <n... 4k ods 6.2 0 ae cPerete ws 8 otete ele eles 13 
TTR EAN IVOS, LR rd oie dx eth ad ur esl ava Mat ghete aie.d enone CRiaie anette 3 
Boao, entertain private” discOUurse «0... ce cee we te 18 
ER ae aN es av ptate ales. <aierh alanis’ elie: a fele et ele queen cs a eo E> 
EERO TD De ee Cc tcU ee nel She cue whats arele ec eide im ablated 15 
RTC V OLR ey We ot. ta ye iun chee aes és aleve, 6 mtacececsie ae ena in. ohne 19 
mEoMe Derik Wit CL lGd VER cs ahs lute renee eke re ee ee Aelsle 30 
SMES CULL OGL WICG. rie cou a ieee arch a etal cer ert oie ie are ula rely 43 
ISOS TI EG Coho. Gan sce calseel Gob eie ete 6 la bk. eiete, wel BneVerdu ain 41 
Meters OT DreCOGIN® MECN sie sheds oboe ore a.0le eae ered Pace See 
Motions—when in possession of bDOard .....-ceesecsccccces 21 
SEEM TAS CW PRIN GL GOL WV TE See SO. SERRE PCT ell gh oh che)! dahiel chet ane Mehebe a cue oid 21 
Reman) 11h aes Oya Boneciel sack 4s Uilate mls shavaiedlesa ot bos vepacelar piel a 2:2, 26 
CST Cee ee aL We hea APS lk! oc) al eRGrn a oe ah eacere doh pecs eecbt eter aba 22 
TIC (ETE) OS sit ele ae ea RPA ROR Are eo ES Sowa t 
Se PeEEaN Od sO TEPUS NC Cee 2 a ay Sree wate ay oslo Meky sa’: eiiede ee ee 23 
Prmnrocecdu with Ormere Of tHE) ABY, crsic.. disk ie cela.c ocele of plete. es 34 
to dispense with orders of the day ............ Bb a deo br 34 
to dispense with any rule ......... SRD AEA wed BY ee ah PERM i 34 
MMO PE TT! fees Pee ets once Nareha ts alah wharere oi cyd RIA w abeiicuk mee 34 
Be ROLE Late! terror are ce, iirc "2 SAG pial a, wae iw. eta (ee BPRS, Bite, Fee: | 
MetOLOOCLGGUIOT( 6. 515 sin ate iela's ahs sien cie s. 0.60 AE PRAY me 22, 24 
_ MMR eat Mee tat ote! 2 ie 4 asi asso 8ieen, < ea ee mare nc 22 
ty SR ol Ee ae aaa Shae. ratte aise vai ectute, Si apeh ae aie 22 
REESE LER ASS ee cyte scala a ech chk Vaitele “ore aa tarere We arene ee ah ete aA ae cena he a 
RE ULE TLCS So EOIN ole foray teh oe Ws dco aie sheers whee ce reas lo! vie sedis %la\'s 5 
eee.) PIC TOR A oiecas. etatela cs ese ia’ Chel ora ec a Ne o wht olen alle aT 
PP EROIT MASSU LC eta rc tas rwseher ae atare Steen andra ihet es #7 ees 38 

yeas and nays to be called .............. PAE ap ent n 2 outoe 
PUERCO L WOLTLET Aa. ca ats. ce hd Ko Ee Le Ee May Aa ea HOME OE tel 42 
expenditures of money to be endorsed .............. 43 
RETA POM PLET OTE OL Mor. t tars te let ete tebe talavelerereteve bate RENE live a teks ae 
MERCED eta, te avcrutacate relat Mente ol edn WEN caSer ok of aoint wake ohamnede rece ee 36 

for appropriations of money, improving streets, alleys or 
sidewalks, wells or cisterns, yeas and nays shall be 

ESA DEOL) Gale UE Stee val Sa a ered take cman | a ates chien vilets ic ure Seow Oe 30 
Seemetieation. OL. General “Council. os. ss als 0 a ene 0 eejane'e o's page 824 
POREEE S Tova tae ol eee Dar gk cos im Ee Niee SaA TeNG SOME Dan ge one ONE te 13 
TM RCATISHIOO Ts Ole COILING) Le Nig sis, seat oli tor SUL * case ch aNe fallen ob uophade. whacar ci 44 
RLU TIT SEO TLL OUI tr ie totic Cie Sitter araveLy sem, ale 6, ocd wiewa) os sveratend otahecs at 
Mumrrient And three members AdjJOurn: civ vs a wd ie 6 ele eke ere eo 1 
INTER SOG Brae scence irae as Cocks ih lel aioueat Beak w byob aes iene ‘a oo Bua 
UREA heey MALES Ct ciel aio lave. of 0 eM ate! eh bes ae ebay el wee eae tte 8 
Bre CRN tartar Saree Cet cr ae sec Ud ahs Yack ret ober ord ene et teak eke oda Me yaa 


Sep STE COCO TUL PRO ig ys eet anders a ei acn ei cr dhs arate here ati,» ete ue | 


978 INDEX TO RULES OF BOARD OF ALDERMEN. 


President—(Continued). Rule. 
may require report im- Writing’ Vow. sak an eee 35 

name: first’ 10 spewke es 6 eee esse ote least wdctei ceeds 1 6- 

Slate Motions, wicca. we wih cle ahcth beck: sce leh aks 20 
ACUrASeGd > Without eet Cle POE Cec 14 

or any member, desire it, motion in writing ........... 20 

Calk. membersto order oc. eas eee 5s he Staniis 2o eee Pie 

MEU IOUT Al. i Sack tals oo ee ER oe its il oes clone a 
preserve order apdsdecorum (25.35. 44% 408s eas |. pee 3 
PREvaOUSs Question. 3. Seti be ee we ow keen te) Ae 2a 
Propositions ) TEFecved wo 5c eecvhce ee aoe ce eos wdpleieh eis WATS . Leeman 36 
Qyestions farm OF ee Ei sheets coke gale Pebwac ee ol + Chae ie 4a nce be res 6 
every member to vote unless excused ............-.-- 19: 

LA VASTOT se aeterchee reer orcs ahaa ne hehe te! wet eee ae 7; 25 

Under debate——motion. in order... 544 ee wee 22 
PYOVIOUSEC MEST LONE Foo cr eestee ne & Mohn caPaghin: © ach Sule ae ee 22, 24 

Lost sby “ead JOl PM Meme. ss, 0 caeea ls ct cae cca hae caches sa ee 30 
Reconsider—vote eee ee a SP eee 34 
Revision Committee—report any’ time \.8. 0 3. eo. oS ee ee 12 
Reports+—com mittee t..t Skee eae ee a ee eee eee 223; °20 
to’ be’ .in twriting Af required s:s5ia 24 ek he ee 2.05 30 

if against,;. reason--to- ‘De? given. aioe ieee sees. eee eee 207.89 
Resolutions-—rejeched +625 .6 So hses A ee eee ee es ree 0 ot eee 36 
Out OT ONder | Car, Sete ce oT Boe tenet ies oe Oe 42 
expenditure of money to be endorsed ................ 43 

out cof: eeniar Order eect eee Ciete secs eo ieta es ee 34 
/-Rejected=-proposilvions <2 $8 Akane ee aes A Ra 36 
OTOAIN ANCOR 35 Roe tea Se Sere or es ean ae ce ee ec 36 
resolutions... 5% Cee ee Ae See be eee, eae ee 3 
Rules—governing committee of the whole ......... 46, 47, 48, 49 
dispensed *with4 so Sos alee Pe nite eee ae ee 40 

Bb Bat A 02): i RnR A NTT gee RR Ry ARR AT AU ol Tong ns page 838 
Special. committees—reports |... 3.5 wis’. nun ee ip «seca eos wer mae ee qd 
Standing committees—Teports . vis su 6 we ee Sa wells » «ale eueenee 4 
Wafinished, Dusimess eo sche eee rien ww ee wne oe utes sg eens 4 
Undebatable »motions——to: “commit” 2 6 .k-ablis~tekles . eee eee ee 34 
CO PeCGOMMI, pret 5 Fs Rae 6s “ae os ee ee ee ee 2 tse 
PIeViOUsS* CuUeathoOn tae oak ak doe eet eietoaas > Oe 22,086 

Lay: On ta DIS ain Z Sasices: ot ces Rad oa keeper BS sey es oe 22 

BO IOUTB A. is Siok ee wo ee wie ao oe at Pee eee ee 22 

VOtCr LOL OLS wit Sicko. poke acuets talace, mei ieh orgs he es oh wae mea es as 6 
LE VA BLO 7 Sse dates Cn ce eles anadie te Seat hele! erate “Syuels etake al a ee va 
PPESIGENT? ~~ Or cis ch a ter eed ie ero ete ee eee roe Gath: ae en 8 

every member: unless excused, 2... i os scp wen bas ueianede ee 1s 
TOCOMSIGED 57a rcic eae ce de> Ale le tar alte Cditiie Otte is fae eee 34 
Vouchers——registered tt; 35.540 Son ee ene core ae aes ea Ls 
RoOU-——-fOt “NEw "DUsINGSS7 <7... ede oso tee a Cie. etme cate oles ae dee San 4 
Yeas and -nays—when» calleg \ 2002 2i, 2. OR POG ak Be eee $2308 


when called; President, votes. first... «sc 208 428 oe $ 


INDEX TO RULES OF BOARD OF COUNCILMEN. 


Rule. 

EE Pcl a g's. oo) 2 4 MaGleteridijeh ake late Mess oy eee pl a's afe'o 22,238, 52 
EEE Res TTOTION © 2c). cco as ce lee ee oa iale ciate eis We 4s oo 
I a PCIE ST aaa arth, ob cig ine Ne sn Heh ac iole het acsests Bade en co elhe, Bee PL he oa 29 
Amending—rules, notice to be given .......... 2... 2 wee cc eee 45 
RMSE ONT) ee ane Watiigtion cede. ape) soekchale bes eye 45 
Pogaeor Order, unless two-thirds ‘contur® <. 02... 3. es 46 
(ES) SSC) CA gn) rate oie Se caer” bid SR ae ine vi peas A 
RN FY Mi 02 aaa sin, silalts 5 pasnel eel «eR @ pleke, <0 /a 0 0058! 5 80 ie 
6 FTAA Rare See SE ee ea RRP oe ky Re Se 3 
mmnroOoriations——-Woen exhausted... . 60. ets wre ee cen ees 47 
moara 0: - Aldermen—pbusiness from .......0006 0080060 oe 4, 43 
PERERA MLN VET Dal 20 2b LET nd Siac rece are ShINE of Soe ek CPR OPTS Skea as 44 

meee —-crommiree report any tinte $9. ks mr Oe wc te 
OTS Rs» RIE OE gt A ty ae a Ane Ae aa Coe Le OLE Vi es r Pies 
od A TR So ONPG oa Fade A re ne Pe ie on ON a a RR a ee 
mt GES S000 | MAES SS Se aa Sra a eae tar ee Cn ee 4 
Z Bee Oa rd sO “Aldermen iss ooo a Sie cacdlon whem Cae 
TENCE NEI, RONG oer eS ony Fal She ne Ee oe ais Wow ol See ee 4 
PETE TC (CO UMIGIT MET S.. 5 ws chem st Wao bn go eo 4 edi c eele wltbele be teie se i 
SST OBS ST tc hs ae a ie aa ae ee ge oe a 5 Caen hs 
SOO IU SINOSS, TLOM yo ysl e ela eed ee le bw ole isles 6 se ecele ss 4 
EMT URCOT CIN git te Son Rae. Pees Moke suet alia ccl@hasilece « 13 
RETURNER eee eed ca GW SER Soilyi'o law Ieteire velwle. « 20 
read business from iBoard of. Aldermen ............. 43 

- ireiees) LO Oariy, OL ALOT Men 26. so 8a. hei4) alae te ie Ow oe tote's 44 
Ue TRUT PCO LIL LOT PATIO TI 5c) he oo oie Lateline send: ca be ed enejece-osein's 53 

Iie SerIMemMOrn nA LOr DEDOTSN AL Go). ates ee wlek ae es 53 
Een St THTTOLTTA CS oho a. sc leken an a wally oe ska Rebs old & wyal's we talele%e 11 
I PI Oy ATES FYE oan eS os aa Soi on hl Ao soie oa ew Re ei iode he lose 12 

PMO nek Ter WLAN TAGOLIT Ss oo) oe reco So eon adalanete wilevede. os 38 
Deoreetnaw PiLINS IT TEGIeStOd: 5c y 4), oe ak ieiert o etyah« RiMagusiie's.« 38 
EEG SS a 8 RS eee Lg apie Ae Sn PL ae hy SPUR fe ong feo 4 
ECL AT DONO Sento aot: we Oi he OU Teh d hin TED) ial Sekai tae Bye hive ole 4 
eM UC ELIS Ts aia, cic. (co oy ots ante en lsi he meals Gt hamei egeaane My 5 3-4-5-6-7 

EES BP VS" i IE at eee are ia Ae NS Pe MES ar Tre Or ee bt 
META TN, SIMUL VCE GMs oly ee a oss Mires a, Metre eae. ee tehncrle WIM er Wala w< a 

RRL ROTA TG TE Wem eB a Per hs Fok shat wld a 0h sates co ew ea Vek Bhan at as 12 
SUC RR 00 oN gp ae a ald ep ee oa ee eon CYR ne 12 
Bomcoreit. during council: meeting .4\.<.. os ail eh ayoks ee CN ion ae 
Pevie1on tOesit Curing ‘cOuncllL: MeetiMe sek coe een cle. es 15) 
PPCM ES DO OTOL ie etek eg LN hatin iy Sotho Teek« 52 
Contracts—committee report any time ...........ccccc cence LZ 
Councilmen—Board of—Call by five members ............... 1 
Pe DEEL OL SPS ct ty GWA vais ahs SOiss cate th’ Ta 7e 2 wate Sob roie ed tote Ol wld ft 

eRe OLS HOTT COREG wit wet BS hie e os ce ds aaa Eiweta thie ey Bio latlo 1 
poomress O17 boardsor Aldermen. is... ewe oh bshkbes 44 

ROE OVS CIS rie En esi es ete R aie « Hadd che ee aE ded oo 30 

SOM BUSES: OL et UGy WIROLaS oc) 0. oS, Sic. ic cos See eve» cher hice ‘63, 54 


OOS CT 1) ee Cage ea a a EWA we Se Ets Mala/ in! 6s 58: 


980 INDEX TO ACT FOR GOVERNMENT OF 





é Rule 
Déebate——address Presidents 2 ..e0 a) SS eee Soke tn eee ce aie 14 
President name first to speak... os... .i0 fe cscs wane eee 16 
Speak. more ‘than? twice ly. 0.ie oi oe we ek renal ot eee ee Li 
speak more than ONCE eas 2% so bien 2 one ale wlp iene) ee Lt 
speak longer than five minutes .........ceeeeeeeseees 17 
HPlections—by~ the “Board of Councilmen §...022: 0% coe 2 sie eee 30 
SON TUS MSA are cae mw Seale Boas wipe enerel oats talis tereiviete teria ake nna page 839 
Journal—read- and approved’ 20 2.2 i ateleleke + oiupehe seen enna 2am 
Lay on? table—=morion sO eb wenn poe /6 sss eye 8 ees yells ate eeee 22 
Mantial——Cus bine Sooner. tase chit hene s temet uals pieaennee wie a !¥. 5 ahaa 58 
Mayor-—COMMUNICATION: FLOM foes cn sccve ui eln eleva ve oy oa els ocene apes en 4 
Members—call ¥for- Givision ohn. a ed ce oye ole dh 0s cele bhai enee 26 
speaks more. than ONC6- Fc. sc. wncis # voce = 6 0s 6 sia tener eee 17 
speak more than” Uwe: igs ores eres se tho epee PRAY ite eK 17 
not name menrber in’. debates... 22... 2. eee mo 4 
not to speak longer than five minutes .... ..vis:c 0.4 .:emm 17 
not, permitted to eave: cinie, als take Wis oe dateleretever erences 18, 50 
excused “from: “votin i oe Woe iw tate vente te 0 oa 19 
One: Mayr appeal” i.e sp alee wie ae) oe eels le uel yee 3 
one “may Tefer: PAPI. \ iw. :caateteheds johe re eine ered ntepene akan 36 
not to entertain: private diISCOUTSE 2 .i6.~ cs. hese vcl eve np eee 18 
CONSUTOG. LQ ye R aie cee ee baie reel 7s Malye ve Sd ob a eee eee Laie 
CALL to~ OFMErs? Kliees ah cl eroceve wetter. ates Gel ollnmetelt ates ee aan en 15 
TOQUIPEG “TON VOES ie 5K eee atari: «<a lnvvy: celal olla a anne vac ea 19 
not to: speak without leave. 4). 2 wwilehs stoic. atelells «)sualeeees 31. 
name to: be “called twiee i. .5o alge sw: 0 ia) cles ahaa Se 34 
TECELVINE “PADSTH se ale Grevelahs diele sis owls) eer lesen telat sence 52 
Memorials ipresented 1 Ai. heehee ct ha ee oe las ale) « lolteho re telshag eee gz 
Minutes: of preceding: meeting Yi 5 Va. Res Sie ow ule en yn: 
Motions—undebatable, cannot explain’ vote ‘4... SS oe 24 
when in -possession’ of boards (....¢ .c.s2 ean ne a ee 
May De WICHITA WD Fo) cie es seers we o-oo wie ene lehendls rete ema 21 
SMenGMeNtSs“tOw x oe vets te eee ee eee PTE Se bata ee ype a 
COMMITS 255 a's iors sore va ve ce ve wad am wees teice Melieuat alleles lol aoe 225428 
when mote in: Order ci. 3s sah es acca es che eee cee ao eee Pe 29 
to proceed with orders ‘of.the day °..). 3 ..7.)0 ec ite eee 37 
to dispense with orders of the day ..........sisuweseen 37 
to dispense with ‘any rule 9. i. i vase ee ba cle ale eo eee eee SW | 
TOP) COMLMILID ieaiaua eae rere tel we st ehotegts se the a mnettre oes See 37 
to recOmmlt «cc fa ws oi ice ws te tape bse eee teeing hee ee anna 
PFevVi0OUs: CUSTOM: 6 ia < e wte eo hele. c ae ween been ee 22, 25 
AC JOUPTL sk svi Seca soak pie teke aed tele osuucase eis hehe oie fs ban stieec nnn 22 
LAY ON CADIS od ged wishes cate eats ol tee y tales anata acu acelin een 22 
New business. ......... oc boe te ei ehes.e 6 ele ote oles Fecal etel le teste een 
Organization of General Council ............. ere Seas page 824 
Officers—business from... oie ie were sae bao sees ne Sets pote eee + 
Ordinances—to be read ..... Selle: of 6 0 tle see, ievarlwhtyeia Ae -oile taeda ant .. 40 
ON ITS PASSALSL oi vie hs osere ketene bepete che te faerie ye ale torte Sale eee 
yeas and nays to be Called). 7). wieialetess ce tee nena 33, 42 
Out -.0f. -OTMET Ho cei ce, Ee eee onal dete. seen . 47 


expenditure of money to be endorsed ................6- 48 


INDEX TO RULES OF BOARD OF COUNCILMEN. O81 


Ordinances—Continued. Rule. 
er ert Pel POU CLOT oe os, ole ask e) dak ay Fic we ered Place lace wo abe a 
NR RN eh Oe ake, Me Ae ates cuit BNE C eee as, ae ods Mee ye e's 39 


(For appropriation of money, improving streets, alleys or 
sidewalks, wells or cisterns, yeas and nays shall be 


ARR LMR etd ik re hia te Veti at tk Nile ake Yea wes deers 42 
EE TIERED TS UPD) 0 | Soy Se Sea, Seo eee he otf meek ad! f wh ev dione, moa fore 4 
EL eke ee PSG ic oe PA ec ek oo dk eT te eure Nabe ea; D's 13 
SEE EPSINOL IE POOL. OL “COUNCIL co. 56's Sofa goa se poe pes ie ce Ok wlbie eae. ® 49 
EET TP ee TL CEL Ri ew aha fer REE ACD Beaty wok le bse ey heat ed EW eS oo 
Beeman taree members adjourmeci fc ere Sd ied wee 1 
MUGS ST arm cee rele fd AO Ss yw sds ie cetaccdle Biskoicde oe. ays Dede 
a ree eet te Pes chee Oe ree h cdg eed APL os wrens nina fat boas) aves oe 8 
MR RMPE Re TRU er et nee Taek, la UG Oh fe a nso Ne egg he ye Gow SL Ses O55 LY 
BURMRR MeL COROT IVITIAC TG tte Ske oe Sire Suche ate oy aha ole ina te te ek eee TY 
Pree uUire TOPCO My OWT tie 0k fer Foor Gia: er iss a aly ae le" 38 
ETE TL PAEar ty SOC eaten oye i arent noc cud, pcaca th ecele ATA eee ee 16 
Buenas TTPO SE LER YR on ay See lh, BU er cs oe waa td oF otsee eh mcett wieate 20 
PRIM Nese SOT MEER oa rete ak, te a ee Ne ae LE ye a oan 14 
or any member, desire it, motion in writing ......... 20 
Pee MA IIVCTH TOT Mee OMPEULG heehee. te is cate scone a ee ate Regrets oc ae 
Coe SADR W@ CEM ipa a Lig a, Pe SEA Rea ge aOR aL ear ca 2 
ite gE SY eT ais y's Ee Se Oh 0 6 ea ea nn eae a Ca 3 
PS SSSI an BR SR oA a a a es ee nn 225.20 
EE TAEIN ONC AOCUCC A fe rere ste. doer sty Os She RRR Cos Re Oe, Whk we aoa 39 
Ss TESS TG i do A BY Cag ee gO ge Ri ar a ar ee 6 
every member to vote unless excused ................- 19 
SPIRE eeea TES SENDS eR pec ea of Ri and soho, lee ad eee crew ake Chee 
Mier dobale-——Mmowone 1 -OTO6r 3.8.0 Foy ordain es, 22 
DEENA See CNP OSLO) Thr ete wees ak nace se sgh ara Merit ae tage Desiseo 
Were eee) Veer CS) TY DIN Clik oe a ett oe Sieh aus le cet, Bost eesed We cate bn on out: 
Peon eIUOl——VOLE~ 2. hae te eee a es Bie ge ah pear on are Rete WY ke dan BS Hi) 
REM EETIO Len eis ere ira Sng gi Peet Hata ot iege NY BB 
evasion Committee—report any time ©... .% 2.40% 4.44. 200205 12 
IP EEE CTIIVITICE CS ore se tea. ou ta ERS lotus die Ariatine ere tee eee 28 
Memeo Writing it  POOuITe di saree ok warns ie oe 20, 38 
Preeti ti. TORROTW LO. DOs 2iVEN. a ty coo eats eee wks 20, 38 
ag EE ES 2a fo: en 2, § ae Ee a ee ie en 39 
os Spe ah ale EOE ee ead ee ea ORR Pe See PTOE oak, de aE eR TE be 47 
expenditure of money to be endorsed ................ 48 
etre VOSA IAT SOL ULOT 2. ier 8 ae cance CL oak ste ae es eee ahs at 
Ree DIO DOCI IOUS... rei rte hah oe te ok cee Teh he oe oe 39 
MEP PREU ILOCOS TOA get eT RT aM tue a ied Tw Weems 39 
COTA § SED TELS tie LS gel 0g Pye. alan aan Dasari maa AUC RW en ra eee at 39 
Rules—governing committee of the whole .................. 56 
PIPES CLI UAL TPS Se ee So ge a er a ECAR Sed Ne She eg Ls 45. 
RECA EU Lee ees ar she Rae SON eB ob ake 2 et page 838 
Speeial committees—reports ....... CU cages hania het Bre ee wate eat 4 
Standing committees—pay-roll and vouchers ............... 4 
sat gl et CA AR geal etre MPEP REO Ak i oe aa ai Mine ear SR SEEDED aS | 


BNET TISTTCAYD CII TIGRE ie koe eee i ee SN ahs Pr ooh en Mera tay ot" 4 








YX INDEX TO RULES OF BOARD 


Undebatable motions—to COMMA Voy 5 eae ers eee en eee 


£0 MPOCOMMLTE, Seek nace ag ee a Re) a oe: 
previous question ..... Te ie ees PMD Rix ae ae 
LS FON Sth eS Ala DLO mse soa cheats eee een eet arb 
RO JOUTT | Sea ene ever oboe PRGA RCT AE SMELT Se 
Vote—formresofr ig Awe ee hh Gs 2 Wits ee ee i 
division <p 22 eae een en oe i ees Reese eh HY 
eT CRIM OIG eh ate cts-oau el. oy Sos ahs Rae a enn ee 
every member unless excused ............ pind 
TECORSIDELSI aos 4, k ee cea Serna bp Post ow he 
Shall tTiotzex plains sik heste ee ak arava eee reset. 
Vouchers=-Tep0rt eee Ck ee et re ten ieee cd ot nis G08 Gk CaS He 
registered (SORA ee ee ew eee NE ae Oe ae 
Wards—for a new business ................ nal ad eae e Mee 
Yeas and ‘nays—when» calle ti ae ae ee 
when called, President votes first .......... aah 
when: called, -cannot-explainvls 2... i. veanec aul eee 


























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